Dec 14, 2023 LAFCO Meeting

[00:00:02]

AND WELCOME TO THE DECEMBER 14TH, 2023 LOCAL AGENCY FORMATION COMMISSION MEETING

[I. CALL MEETING TO ORDER ]

IT IS NOW 10:02, AND I'LL ASK COMMISSIONER BERTAO TO LEAD US IN THE FLAG SALUTE.

OKAY. READY? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU, COMMISSIONER BERTAO.

ALL RIGHT, NEXT ITEM ON OUR AGENDA IS ROLL CALL OF COMMISSIONERS.

OKAY, WE DO HAVE A QUORUM FOR TODAY'S BUSINESS.

ALL RIGHT? THAT MEANS EVERYBODY'S A VOTING MEMBER TODAY.

YEAH, EVERYBODY'S A VOTING MEMBER.

ALL RIGHT, WE'RE GOING TO MOVE RIGHT ALONG.

[IV. CONSENT CALENDAR]

WE HAVE THE APPROVAL OF THE MINUTES FROM THE SEPTEMBER 14TH, 2023 MEETING.

I TRUST THAT EVERYBODY'S HAD AN OPPORTUNITY TO READ THOSE.

CHAIR WILL ENTERTAIN A MOTION.

I MOVE FOR APPROVAL. I HAVE A MOTION BY COMMISSIONER BERTAO AND A SECOND BY? I'LL SECOND COMMISSIONER SERRATTO SECONDED THAT THIS IS THE PUBLIC'S OPPORTUNITY TO SPEAK.

NOT SEE ANYONE. WE'LL CLOSE THE PUBLIC COMMENT, PERIOD.

BRING IT BACK TO THE DAIS WHERE WE HAVE OUR MOTION AND OUR SECOND.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ARE THERE ANY OPPOSED? THE MOTION CARRIES UNANIMOUSLY 5 TO 0.

OKAY. ITEM NUMBER FIVE.

CITIZENS COMMUNICATION TESTIMONY IS LIMITED TO FIVE MINUTES OR LESS PER PERSON.

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

SO THIS IS PUBLIC COMMENT.

ALL RIGHT. NOT SEEING ANYONE.

WE'LL CLOSE THE PUBLIC COMMENT PERIOD AND BRING IT UP.

ITEM NUMBER SIX, WHICH WILL BE PUBLIC HEARINGS, AND WE DON'T HAVE ANY THIS FINE DAY.

SO WE'RE MOVING RIGHT ALONG HERE TO ITEM NUMBER SEVEN, GENERAL BUSINESS.

[VII.A. Out of Boundary Service Extension No. 2023-02 - City of Los Banos and Hostetler Ranches, LLC - To provide water services from the City of Los Banos to a proposed mini/self-storage business located on the east side of Badger Flat Road and approximately one-third of a mile south of Ingomar Grade (15054 Badger Flat Road) in an unincorporated area without annexing the property into the City. The actions requested are to make an environmental determination that the application is exempt from environmental review in compliance with CEQA, and to approve, disapprove or modify the water service extension request. ]

WITHOUT ANNEXING THE PROPERTY INTO THE CITY.

THE ACTION REQUESTED.

THE ACTIONS REQUESTED ARE TO MAKE AN ENVIRONMENTAL DETERMINATION THAT THE APPLICATION IS EXEMPT FROM ENVIRONMENTAL REVIEW AND COMPLIANCE WITH SEQUA, AND TO APPROVE OR DISAPPROVE OR MODIFY THE WATER SERVICE EXTENSION REQUEST, AND WE WILL TURN IT OVER TO MR. NICHOLSON. OKAY.

THANK YOU. COMMISSIONERS.

YEAH, I HAVE A POWERPOINT FOR THIS ONE.

IT'S A LITTLE BIT COMPLICATED, BUT IT'LL BE PRETTY QUICK.

SO THE REQUEST AGAIN IS TO EXTEND WATER TO A PROPOSED MINI STORAGE SELF STORAGE FACILITY TO BE BUILT IN THE COUNTY, AND THE WATER SUPPLIES WOULD BE FROM THE CITY OF LOS BANOS AND THEY'RE WILLING TO OFFER IT OR ELSE WE WOULDN'T BRING IT TO YOU.

THE PROPERTY IS WITHIN THE SPHERE OF INFLUENCE, AND THE PROPERTY CONSISTS OF FOUR ADJACENT PARCELS UNDER THE SAME OWNERSHIP WITH A TOTAL OF 14.1 ACRES, AND IT'S ON THE EAST SIDE OF BADGER FLAT ROAD, APPROXIMATELY A THIRD OF A MILE SOUTH OF INGOMAR GRADE, AND HERE'S AN AERIAL VIEW OF THE PROPERTY.

IT'S HIGHLIGHTED IN YELLOW WHICH IS A IT'S ALONG THE EAST SIDE OF BADGER FLAT ROAD.

INGOMAR GRADE IS THE ROAD GOING NORTH NORTHWEST TO SOUTHEAST TOWARDS THE CITY.

YOU CAN SEE THE CITY TO THE EAST.

THE GREEN LINE IS THE CITY LIMITS, SO THE PROPERTY IS NOT QUITE TECHNICALLY ADJACENT TO THE CITY OR CONTIGUOUS.

THERE'S A KID MAIN CANAL WHICH IS 200FT WIDE IN BETWEEN.

SO THE CITY LIMITS ON THE EAST SIDE OF THE CANAL.

SO THIS PROPERTY IS 200FT WEST, BASICALLY BUT IT'S ALSO AT THE NORTH END OF THE AIRPORT.

SO IT'S NOT AN AREA WHERE THERE'S ANY ACTIVITY, ANY ACCESS, ANY ADJACENT DEVELOPMENT.

THE REST OF THE CITY LIMITS ON BADGER FLAT IS FURTHER TO THE SOUTH AT THE BOTTOM OF THIS AERIAL YOU CAN SEE THE GREEN LINE AND IT'S FARMLAND ACTUALLY AT THIS POINT.

SO THERE'S NO ADJACENT CITY DEVELOPMENT IN THE VICINITY.

[00:05:02]

IT'S NOT THE SHAPE OF THE EASEMENT, BUT THE EXISTING CITY WELL IS LOCATED THERE, AND IT HAS A CONNECTION LINE GOING DOWN BADGER FLAT ROAD TO THE SOUTH.

SO IT FRONTS THE PROPERTY, AND BASICALLY IN THE VERY CENTER OF THIS COMPLEX, THERE'S A DRIVEWAY AND THAT THE OFFICE FOR ENTERING WILL BE AT THE DRIVEWAY, AND THAT'S WHERE THE WATER SUPPLY IS NEEDED FOR THE RESTROOM AND RELATED FACILITIES FOR THE OFFICE.

IT'S NOT LIKE AN APARTMENT PROJECT OR ANYTHING.

SO THE WATER DEMAND IS VERY LOW.

WHERE'S THE CITY? WELL, BILL, THE CITY WELL IS WHERE THAT BLUE BOX IS ON THE NORTH END.

SO YEAH, RIGHT THERE YOU GOT THE [INAUDIBLE].

THEN YOU GOT THAT THE CANAL, AND THEN JUST ON THE SOUTH SIDE OF THE CANAL, RIGHT THERE IS WHERE? THE CITY? JUST ON THE CORNER THERE.

YEAH, YEAH.

THAT'S WHAT THEY WANT TO CONNECT TO THAT WELL.

WELL THEY'RE GOING TO CONNECT TO THE WELL PROVIDES A LOT OF WATER.

SO THE CITY HAS A WATER LINE GOING DOWN BADGER FLAT ROAD.

SO THEY'LL TAP INTO THE WATER LINE AT THE CENTER OF THE PROPERTY ON BADGER FLAT WHERE THE DRIVEWAY IS AND THAT'S WHERE THE OFFICE WILL BE LOCATED.

SO THEY DON'T NEED THEY DON'T NEED WATER FOR THE MINI STORAGE UNITS, OF COURSE, AND THE CITIES HERE, I DON'T KNOW IF THEY'RE GOING TO BE USING THE WATER FOR ANY LANDSCAPING OR NOT, IF THEY'LL HAVE ANOTHER SOURCE FOR THAT, BUT WE CAN.

[INAUDIBLE] YES.

YEAH. LET ME GO BACK TO THE OTHER SLIDE.

THE SPHERE OF INFLUENCE IS A RED LINE.

THANK YOU. YEAH. THANK YOU FOR MENTIONING THAT.

I DIDN'T POINT THAT OUT, AND THE CITY BEING ON THE EAST, THE RED LINE IS THE SPHERE OF INFLUENCE BOUNDARY, WHICH OF COURSE INCLUDES EVERYTHING FROM THE CITY LIMITS OUT TO THAT LINE, AND THEN WEST OF THAT IS JUST UNINCORPORATED COUNTY OUTSIDE THE SPHERE.

SO AND THAT'S THE CURRENT SPHERE THAT THE CITY DID A GENERAL PLAN UPDATE THAT WE'LL GET INTO AND THEY, THEY PROPOSE A MUCH BIGGER SPHERE THAT WOULD BE MUCH FURTHER OUT, BUT THIS IS THE SPHERE AS OF TODAY.

SO IT'S WELL [INAUDIBLE]. JUST AGAIN, FOR CLARIFICATION, THE ONLY THING THAT PREVENTS THIS PROPERTY FROM ACTUALLY ABUTTING THE CITY LIMITS IS THERE'S A CCID CANAL THAT RUNS THROUGH THERE. CORRECT? CORRECT. YEP.

YEAH. SO IT'S NOT DIRECTLY CONTIGUOUS AT THIS POINT.

NOW THE PROPERTY IS IN THE COUNTY GENERAL PLAN.

I PUT A LITTLE STAR TO SHOW WHERE IT IS, BUT THIS IS A MAP OF THE PLANNING AREA AROUND LOS BANOS AND THE GRAY IS THE CITY LIMITS AND THE AREA WHERE THE STAR IS, IS ACTUALLY INDUSTRIAL IN THE COUNTY'S GENERAL PLAN.

IT'S AN OLD DESIGNATION.

THE COUNTY HAS KIND OF A SEPARATE DESIGNATION FROM YEARS AGO, AND THEN BELOW THAT IS A LITTLE COMMERCIAL DESIGNATION, WHICH YOU CAN SEE ON THERE IS A RED DOT SO AND EVERYTHING ELSE IS AGRICULTURAL.

SO ALL THE AREA AROUND THE CITY IS PRETTY MUCH AG, AND WE WOULDN'T BE SEEING PROPOSALS LIKE THIS TYPICALLY, EXCEPT FOR MAYBE A SEPTIC FAILURE FOR A HOME, AND THE CITY HAS A SEWER LINE NEARBY, LIKE AN EMERGENCY CONNECTION BUT THIS AREA IS THE COUNTY'S PROCESSING A PERMIT FOR THE MINI STORAGE ON THE INDUSTRIAL ZONE LAND, WHICH AGAIN, THERE'S NOT A LOT OF AROUND THE CITY.

SO IT'S PRETTY UNUSUAL TO GET A PROPOSAL LIKE THIS IN THE COUNTY WITHOUT IT BEING SUBMITTED TO THE CITY, BUT IT DOES MATCH THE ZONING.

SO THE ANALYSIS REGARDING OUT OF BOUNDARY IS AGAIN, A SMALL AREA OF THE LAFCO LAW, THE KIND OF AN EXCEPTION TO ANNEXATION, WHICH IS WHAT WE'RE NORMALLY DOING, AND SO WE HAVE AN OBJECTIVE THAT THE EXTENSION OF MUNICIPAL SERVICES OUTSIDE THE BOUNDARIES OF THE SERVICE PROVIDER WILL BE LIMITED TO CIRCUMSTANCES WHERE THERE'S A CLEAR AND IMMEDIATE NEED, AND ANNEXATION IS NOT FEASIBLE.

SO IN THIS CASE, POLICIES ONE, TWO, ONE, TWO AND THREE ARE APPLICABLE UNDER THIS OBJECTIVE WHERE THE PROPERTY IS WITHIN THE SPHERE OF INFLUENCE WHICH IS WHAT'S THE PREFERRED LOCATION UNDER THE LAFCO LAW AND IF IT WAS A CONNECTION REQUIRED FOR AN IMMEDIATE HEALTH AND SAFETY THREAT, WHICH WE GET LATELY WE'VE BEEN GETTING MORE AND MORE OF THEM THOSE WOULD BE APPROVED WITH AGREEMENT BETWEEN THE COMMISSION CHAIR AND MYSELF, THE EXECUTIVE OFFICER, BASED ON EVIDENCE FROM COUNTY ENVIRONMENTAL HEALTH, WHERE YOU HAVE A FAILING. WELL, OR SEPTIC SYSTEM WHERE THERE'S ALREADY SOMEBODY LIVING THERE OR THERE'S A BUSINESS AND THEY'RE LOSING THEIR SERVICE, AND SO WE DON'T SCHEDULE IT ON AN AGENDA AND WAIT, WE CAN ACT ON THAT.

WE HAVE DIFFERENT CRITERIA FOR THAT, BUT THIS ONE IS FOR NEW DEVELOPMENT.

SO IT DOES NOT QUALIFY AS AN EMERGENCY BECAUSE YOU DON'T EMERGENCY IF YOU DON'T HAVE ANYTHING THERE.

[00:10:06]

THE FIRST IF IT'S IN THE SPHERE, CONSIDER WHETHER ANNEXATION IS A LOGICAL ALTERNATIVE, AND THE SECTION OF THE GOVERNMENT CODE 56133(B) ALLOWS LAFCOS TO APPROVE THE EXTENSION INSIDE THE SPHERE IN ANTICIPATION OF A FUTURE ANNEXATION.

SO IN OUR JURISDICTION FOR OUR LAFCO, WE HAVE A REQUIREMENT THAT THE CITY AND THE OR THE DISTRICT, IF IT'S A SPECIAL DISTRICT, HAVE AN AGREEMENT WITH THE PROPERTY OWNER THAT THEY WON'T PROTEST THE ANNEXATION IN THE FUTURE AND OTHER LAFCO AROUND THE STATE.

SOME OF THEM SAY YOU GOT TO ANNEX WITHIN A YEAR AND SUBMIT THE PAPERWORK TODAY TO GET THIS OUT OF BOUNDARY.

CONNECTION WILL APPROVE IT, BUT YOU'RE GOING TO ANNEX WITHIN A YEAR AND SUBMIT THE FEES AND THE PAPERWORK AND ALL THAT.

WE'RE MORE FLEXIBLE ABOUT IT WITH THE WITH THE IDEA THAT IF YOU HAVE THIS AGREEMENT, THEN WHEN IT'S LOGICAL TO ANNEX AND IT'S CONTIGUOUS TO OTHER DEVELOPMENT AND MAYBE OTHER URBAN SERVICES THEN IT'LL HAPPEN.

WE DON'T TRY TO FORCE IT WHICH IN A SENSE COULD BE PREMATURE TO BE PART OF THE CITY, I GUESS WHEN JUMPING OVER THE CANAL AND BEING A LITTLE ISLAND, IT WOULDN'T MAKE MUCH SENSE. SO WE WOULDN'T WANT TO JUST.

OR OUR POLICY HASN'T BEEN TO FORCE AN ANNEXATION IMMEDIATELY AND THE OTHER ISSUES ARE, IS WOULD ANNEXATION OF THIS MAKE SENSE BASED ON OTHER LAND NEARBY, WHICH IS MAINLY AGRICULTURAL OR SOME RURAL RESIDENTIAL FURTHER TO THE SOUTH BUT THERE'S NO CITY SEWER SERVICE.

SO ANNEXATION ISN'T REALLY FEASIBLE AT THIS TIME AND EXPECTED IN THE NEAR FUTURE, AND THEN THEY DO HAVE THE OUT OF BOUNDARY AGREEMENT ENTERED INTO WITH THE LANDOWNERS, AND IT'S A VERY EXCELLENT AGREEMENT ACTUALLY.

IT GOES TO IF THEY HAVE SOMEBODY RENTING THE PROPERTY FROM THE OWNER, IT RUNS WITH THEM, AND IF FOR SOME REASON THEY HAD A REGISTERED VOTER IN THE OFFICE THAT COULD PROTEST AS A REGISTERED VOTER, IT COVERS EVEN REGISTERED VOTER.

ANYBODY ON THE PROPERTY CANNOT FIGHT THE ANNEXATION IN THE FUTURE.

SO IT'S A VERY, VERY THOROUGH AGREEMENT THE SECOND POLICY IS CONSIDERING THE PUBLIC BENEFIT OF THE PROPOSAL INCLUDING A RESOLUTION OF EXISTING HEALTH AND SAFETY HAZARD, AND AGAIN, SINCE IT'S A NEW DEVELOPMENT WE DON'T HAVE A SAFETY HAZARD PROBLEM, BUT AGAIN, THE PROPERTY IS ZONED INDUSTRIAL, AND IN THE COUNTY'S ZONING CODE THEY ALLOW MINI STORAGE TYPE USES IN THIS DESIGNATION, AND THE PROJECT COULD GO FORWARD.

JUST APPROVED BY THE COUNTY WITHOUT, THEY COULD COORDINATE WITH THE CITY, BUT NOT NEED ANYTHING FROM THE CITY EXCEPT FOR THERE'S A CITY WATER SUPPLY NEARBY.

SO RATHER THAN INSTALL A PRIVATE DOMESTIC WELL TO SERVE THE OFFICE IT'S MORE EFFICIENT AND BETTER HEALTH AND SAFETY ISSUE OR BETTER FOR THE HEALTH AND SAFETY TO NOT HAVE AN ADDITIONAL WELL, RIGHT NEAR THE CITY'S EXISTING WELL THAT COULD GET CONTAMINATED OR HAVE SOME OTHER PROBLEM OR CONFLICT.

SO THEY'LL CONNECT TO THE 16 INCH WATER LINE RUNNING DOWN BADGER FLAT IN THE FRONT, AND OF COURSE, IT'S A MINOR USE.

SO THE CITY HAS PLENTY OF WATER CAPACITY FOR THIS LAST SLIDE.

I JUST A POINT OF CLARIFICATION.

IT SAYS CONNECTION IS ONLY FOR THE OFFICE FROM THE EXISTING 16 INCH WATER LINE.

THAT WOULD ALSO, WOULDN'T THEY BE CONNECTED IN THEIR FIRE SUPPRESSION SYSTEM TO THAT AS WELL? THAT'S TRUE. I MEAN, THEY WOULDN'T BE USING IT UNLESS THERE WAS A FIRE, BUT WE SHOULD STILL CLEARLY STATE THAT IT WOULDN'T JUST BE FOR THE OFFICE, IT WOULD BE FOR THE FIRE SUPPRESSION AS WELL AND AS I MENTIONED EARLIER, I'M NOT SURE ABOUT THE LANDSCAPING.

SO WHEN WE GET TO THE PUBLIC COMMENT, WE COULD FIND OUT WHETHER THE LANDSCAPING.

SO THAT MIGHT BE A LITTLE BIT MORE WATER, BUT IN THE BIG PICTURE AGAIN, WE'RE TALKING ABOUT A REALLY MINOR USE HERE COMPARED TO APARTMENT PROJECT OR SOMETHING.

LET'S SAY THANK YOU.

SO YEAH, THANKS FOR THAT CLARIFICATION.

BILL I GOT. OKAY.

SURE.

IF THEY'RE GOING TO HAVE AN OFFICE, THEY'RE GOING TO HAVE TO HAVE A RESTROOM.

ARE THEY GOING TO HAVE A SEPTIC TANK ON THE SIDE, OR IS THERE A CITY SEWER LINE THAT THEY WANT TO CONNECT TO.

THEY'LL HAVE TO USE THE SEPTIC. THERE IS NO CITY SEWER IN THE AREA, SO THERE'S NO IN THAT CASE, THERE'S NO ALTERNATIVE DOING SEPTIC.

YEAH. OKAY, AND THEN UNDER POLICY THREE FOR DETERMINING THE IS IT LOGICAL TO APPROVE IT? THE POLICY CONTAINS THE FACTORS FOR EVALUATION, THE GROWTH INDUCING EFFECTS OF THE PROPOSAL, THE CONSISTENCY WITH THE GENERAL PLANS OF ALL AFFECTED LOCAL AGENCIES HERE, THE COUNTY AND THE CITY THE ABILITY OF THE LOCAL AGENCY TO PROVIDE THE SERVICE WITHOUT DETRACTING FROM CURRENT SERVICE LEVELS AND WHETHER THE PROPOSAL CONTRIBUTES TO THE PREMATURE CONVERSION OF AGRICULTURAL OR OTHER OPEN SPACE LAND.

SO IN THIS CASE, IT'S KIND OF UNIQUE.

[00:15:01]

THIS AREA ALONG BADGER FLAT ROAD IS DESIGNATED PARK.

SO NORMALLY YOU WOULD BE PUTTING A MINI STORAGE OR SELF STORAGE FACILITY ON PARKLAND BUT IT'S IN THE COUNTY, SO THE COUNTY ZONING IS INDUSTRIAL AND THE CITY COULD HAVE OBJECTED TO THIS, BUT THEY HAVEN'T, AND THEY'VE ACTUALLY THE CITY COUNCIL HAS AGREED TO PROVIDE THE WATER CONNECTION.

SO IF THEY WERE OPPOSED TO IT OR OBJECTING TO IT BASED ON THEIR GENERAL PLAN THEN WE WOULDN'T HAVE GOTTEN THIS APPLICATION.

SO IT'S A CONSIDERATION FOR LAFCO, AND AGAIN, THE ISSUE THAT'S BEING PROPOSED BY THE COUNTY AND PROCESSED BY THE COUNTY, AND IT'S THIS DETERMINATION BY LAFCO IS WHETHER THE PROJECT SHOULD CONNECT TO CITY WATER.

IF LAFCO SHOULD DENY IT IT DOESN'T MEAN THE PROJECT WOULDN'T HAPPEN.

IT WOULD MEAN THAT THEY WOULD GO AHEAD AND JUST PUT A WELL IN.

SO THIS IS MORE ABOUT A SERVICE DELIVERY ISSUE FOR, FOR THE COMMISSION VERSUS WHAT'S THE RIGHT, WHO'S RIGHT, WHO SHOULD SHOULD IT BE A PARK OR SHOULD IT BE INDUSTRIAL DEVELOPMENT AS THE COUNTY HAS.

THE USE IS CONSISTENT WITH THE COUNTY'S INDUSTRIAL LAND USE DESIGNATION AGAIN, AND IT DOES.

IT IS GOING THROUGH THE PROCESS WITH THE COUNTY ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT, AND AGAIN, THEY SERVE IN THE OFFICE, AND AS I MENTIONED, THE FIRE SUPPRESSION AND MAYBE LANDSCAPING WON'T AFFECT THE CITY SERVICE LEVEL FOR THE WATER SUPPLY.

IT DOES NOT REQUIRE ANY NEW CONSTRUCTION OF INFRASTRUCTURE.

THE WATER LINE IS RIGHT IN FRONT OF THE PROPERTY THAT THEY'LL CONNECT TO, AND IT JUST THIS ANNEXATION OR THIS WATER CONNECTION BY ITSELF WOULDN'T INDUCE ANY GROWTH.

IT'S KIND OF A LIMITED FACILITY FOR MINI STORAGE AND RV PARKING.

NOT IT'S NOT PART OF THE SUBDIVISIONS THAT YOU'D CONNECT OTHER STREETS TO, AND THERE'S NO THERE IS NO SEWER INFRASTRUCTURE WHICH YOU WOULD NEED FOR A LOT OF DEVELOPMENT.

SO IT'S NOT LIKELY IT'LL BE MORE DEVELOPMENT IN THE COUNTY IN THIS AREA LET'S SEE.

THE NEXT CONCLUSION WOULD BE THIS.

THIS APPLICATION WOULD HELP SUPPORT DEVELOPMENT BY THE COUNTY.

THAT WOULD LEAD TO THE CONVERSION OF AN ALMOND ORCHARD.

ON SITE IS 14 ACRES OF ALMOND.

SO IT DOES HAVE AN IMPACT ON AGRICULTURAL LAND HOWEVER, THE PROPERTY IS DESIGNATED INDUSTRIAL AND ZONED INDUSTRIAL ALREADY.

SO IT'S AN EXISTING DESIGNATION FOR DEVELOPMENT, EVEN THOUGH IT'S AGRICULTURAL USE, WHICH IS MOST OF THE UNINCORPORATED COUNTY, IS USUALLY IN SOME AG USE UNTIL THERE'S DEVELOPMENT, IF IT'S EVEN DESIGNATED URBAN UM, THE COUNTY HAS ADOPTED AN AG MITIGATION ORDINANCE AGAIN, IT'S THE ONLY JURISDICTION IN THE COUNTY THAT HAS IT, AND THIS PROPERTY ACTUALLY FALLS UNDER AN EXEMPTION UNDER SECTION 9.30.030 AND THE EXEMPTION IS IF THERE'S NOT A GENERAL PLAN AMENDMENT OR A ZONE CHANGE GOING FROM AG TO URBAN, OR THERE'S NOT A DEVELOPMENT ON LAND CURRENTLY DESIGNATED AG, THAT'S MAYBE NOT AG, MAYBE SOME OTHER USE THE COUNTY ALLOWS.

COULD BE I'M NOT EVEN SURE WHAT SOME OTHER USE.

IT WOULDN'T BE AG RELATED MAYBE IT'S RECREATIONAL THE IT'S EXEMPT FROM THE ORDINANCE.

SO THERE'S NO, THERE'S NO CHANGE FROM AN AG DESIGNATION TO URBAN, EVEN THOUGH THE USE IS AG THE ORDINANCE, EXCEPT THAT THERE'S SOME SOME EXISTING ZONING AND WE'RE NOT GOING TO GO BACKWARD AND TAKE A RIGHT AWAY THAT SOMEBODY ALREADY HAD THE RIGHT TO DO THAT DEVELOPMENT.

SO YEAH.

SO THERE'S NO COUNTY REQUIRED MITIGATION AT THIS POINT THEN IN TERMS OF ENVIRONMENTAL REVIEW THE PROJECT WOULD BE CONSIDERED EXEMPT FOR LAFCO UNDER SECTION ONE 5301, WHICH IS EXISTING FACILITIES IN THAT THE WATER WELL AND THE WATER LINE ARE EXISTING, AND THE DEVELOPMENT OF THE PROJECT ISN'T SOMETHING LAFCO IS APPROVING.

WE'RE APPROVING SHOULD THERE BE A WATER CONNECTION TO THE CITY OR NOT? AGAIN, IF THE COMMISSION DOESN'T SUPPORT IT, THEN THE PROJECT WOULD RELY ON A NEW WELL PRIVATE WELL.

WE'RE NOT EVALUATING THE BUILDING OF THE NEW STORAGE PROJECT AS PART OF LAFCO'S APPROVAL, AND SO YEAH NOW ON TO THE RECOMMENDATION ON PAGE FOUR OF THE EXECUTIVE OFFICER'S REPORT ARE THE FIVE.

THERE'S FIVE DETERMINATIONS FOR YOU TO MAKE IF YOU SO DESIRE AND THEN STAFF WOULD RECOMMEND APPROVAL OF THE OUT OF BOUNDARY SERVICE EXTENSION, THIS APPLICATION NUMBER OOBS 23-02, AND THEN DIRECT THE EXECUTIVE OFFICER TO SUBMIT A LETTER TO THE PROPERTY OWNER IN THE CITY INDICATING THIS APPROVAL AND THAT CONCLUDES STAFF'S PRESENTATION.

[00:20:03]

GO AHEAD. WHO'S THE PROPOSED LEASEE OF THIS LAND SUPPOSED TO BE? IT'S HOSTETLER RANCHES LLC.

NO, HE'S THE LESSOR, BUT WHO'S HE GOING TO RENT IT TO? WHO'S GOING TO PUT THE WHO'S GOING TO RUN THE FACILITY? I'M NOT SURE. SOMEBODY LIKE DARRYL'S MINI STORAGE OR SOMETHING LIKE THAT OR WHAT? WE'LL HAVE TO ASK THE CITY.

DARON'S MINI STORAGE.

DARRYL. DARRYL'S.

I KNOW, I'VE HEARD OF DARRYL'S. I SAID DARRYL, SO MAYBE I SAID DARON.

MY OTHER BROTHER DARRYL.

YEAH. ALL RIGHT, WELL, IF WE CAN DETERMINE THAT WE'LL DETERMINE THAT DURING OUR.

YEAH. OKAY. I WAS JUST CURIOUS.

ALL RIGHT. SO THIS IS THE PUBLIC'S OPPORTUNITY TO SPEAK ON ITEM 7A AN OUT OF BOUNDARY SERVICE EXTENSION AGREEMENT BETWEEN HOSTETLER RANCHES LLC AND THE CITY OF LOS BANOS, AND WE HAVE WITH US THE DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE CITY OF LOS BANOS, MRS. STACY SOUZA-ELMS, LET ME TURN YOUR MICROPHONE ON.

THANK YOU, MR. CHAIRMAN, AND COMMISSION SO AND THANK YOU, MR. NICHOLSON, FOR THE THOROUGH REPORT AND PRESENTATION SO TO ANSWER THE QUESTION REGARDING THE LEASE, THE LEASEE AND THE LEASER THE APPLICANT IS NOT PROPOSING TO LEASE THE PROPERTY, THEY WILL BE MANAGING, DEVELOPING AND MANAGING AND JUST TO GIVE AN OVERVIEW, JUST TO ADD ON TO WHAT MR. NICHOLSON PRESENTED THERE IS AN EXISTING MINI STORAGE FACILITY JUST SOUTH OF THIS PROPOSAL.

SO THIS IS REALLY AN EXPANSION OF THAT EXISTING USE AT THIS TIME.

THE CITY WELL, THE CITY DOES SUPPORT THIS OUT OF BOUNDARY EXTENSION SERVICE EXTENSION, AND AT THIS TIME, IT'S DOESN'T QUITE MAKE SENSE TO GO FORWARD WITH AN ANNEXATION, ALTHOUGH THAT WOULD HAVE BEEN THE CITY'S PREFERENCE BUT FOR PURPOSES OF SEWER CONNECTIVITY, WHICH IS A LITTLE UNIQUE, AND THE CONTINUITY, THE CONTIGUOUS NATURE OF THE PROPERTY AND, AND JUST HOW IT SITS WITH THE CITY, IT JUST DIDN'T MAKE SENSE NOW TO ANNEX WITHIN THE CITY AND THERE'RE ALSO USES JUST SOUTH OF THIS OUT THE SOUTH THAT IS.

THAT IS THE EXISTING MINI STORAGE, BUT THEN THERE ARE AGRICULTURAL USES THEN IN BETWEEN THAT WOULD FORCE THEM TO COME IN, AND IT JUST DOESN'T MAKE SENSE RIGHT NOW TO BE FORCED TO COME IN INTO THE INCORPORATED CITY LIMITS THE EXISTING WELL THAT IS THERE AND THE EXISTING INFRASTRUCTURE ON BADGER FLAT ROAD IS WHAT PROMPTED THE CITY TO COOPERATE, AND BEING WILLING TO ENTER INTO AN OUT OF BOUNDARY SERVICE AGREEMENT WITH THE APPLICANT.

SO I HOPE THAT ANSWERS YOUR QUESTIONS, AND I'D BE HAPPY TO ANSWER ANY MORE THAT YOU MAY HAVE.

YEAH. DOES ANYBODY HAVE ANY QUESTIONS OF STACY? DOES MR. HOSTETLER ALREADY OWN THE ADJACENT MINI STORAGE OR SOME SOMEONE ELSE THAT IS SOMEONE ELSE THAT IS STORE MAX THAT OWNS THAT MINI STORAGE FACILITY? OTHER QUESTIONS.

ALL RIGHT. THANK YOU. STACY, WOULD ANYBODY ELSE FROM THE PUBLIC LIKE TO COMMENT ON ITEM NUMBER SEVEN? A NOT SEEING ANYONE? WE'LL CLOSE THE PUBLIC COMMENT PERIOD FOR THIS ITEM.

BRING IT BACK UP TO THE DAIS.

WE'RE ON PAGE OH, GOSH, I FORGOT WHAT PAGE IS IT? PAGE FOUR OF YOUR STAFF REPORT LISTS IS THE RECOMMENDATIONS AND HE ACTUALLY HAS IT RIGHT UP THERE.

SO WHAT IS THE PLEASURE OF THE COMMISSION, MR. CHAIR, IF I COULD, I'LL GO AHEAD AND I'LL MOTION STAFF'S RECOMMENDATION.

THAT'S BEEN PROPOSED.

PERFECT. ALL RIGHT, AND THAT INCLUDES MAKING THE FIVE DETERMINATIONS ON PAGE FOUR.

CORRECT. THE OUT OF BOUNDARY SERVICE APPLICATION NUMBER OBS 2302, AND DIRECTING THE EXECUTIVE DIRECTOR TO DO ALL HIS STUFF.

ALL RIGHT, SO WE HAVE A MOTION BY COMMISSIONER MCDANIEL AND A SECOND BY COMMISSIONER RAYMOND.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ARE THERE ANY OPPOSED? THE MOTION CARRIES UNANIMOUSLY 5 TO 0.

THANKS FOR MAKING THE DRIVE OVER, STACY.

OKAY, MOVING RIGHT ALONG, AND THIS BIG PACKET THAT WE HAVE HERE, WE'RE MOVING ON TO ITEM SEVEN B, THIS IS A REVIEW OF

[VII.B. Review LAFCO Meeting Calendar for 2024. ]

[00:25:01]

SO WHEN OUR MEETING DATES ARE FOR THE YEAR 2024 AGAIN, WE ALWAYS MEET ON THE THIRD THURSDAY OF THE MONTH UNTIL WE GET TO THE HOLIDAY SEASON, AND OUR MEETING TODAY IS OUR NORMAL MEETING DATE.

ACTUALLY, WE DON'T MEET IN NOVEMBER, AND IN DECEMBER, WE MOVED THE MEETING UP TO THE SECOND THURSDAY INSTEAD OF THE THIRD THURSDAY.

THANKS. SO THE OTHER THING ON THE CALENDAR, WE ALSO SHOW THE AND WE POST THIS ON OUR WEBSITE, THE DEADLINES FOR APPLICANTS TO GET AN APPLICATION SUBMITTED TO LAFCO TO MAKE THAT MEETING, WHICH IS APPROXIMATELY TWO MONTHS PRIOR.

[INAUDIBLE] I'VE GOTTA GO SPEAK AT A SCHOOL ABOUT THE IMPORTANCE OF BEING ON TIME TO MEETINGS.

YEAH, WELL, WE THANK YOU FOR YOUR PARTICIPATION TODAY, MAYOR.

MERRY CHRISTMAS. MERRY CHRISTMAS.

YEAH. HAPPY HOLIDAYS.

[INAUDIBLE]. RIGHT.

[INAUDIBLE] SORRY TO INTERRUPT YOU, MR. NICHOLSON. WE'LL CONTINUE.

OKAY. LET THE RECORD REFLECT THAT COMMISSIONER SERRATTO HAS NOW EXITED THE MEETING.

OKAY, GREAT. OKAY ON THE.

ALL RIGHT THERE IS ONE TYPO ON THIS THAT WHEN YOU GET TO FEBRUARY, WE PUT 2023 AND IT WILL CORRECT THAT TO BE 2024 SINCE WE WON'T BE GOING IN A TIME MACHINE BACKWARDS.

ANYWAY, SO YEAH, THIS IS MORE FOR YOUR INFORMATION, AND I KNOW IN THE PAST YOU'VE REQUESTED THAT WE SEND OUT A CALENDAR INVITE.

SO WE'LL DO THAT TO ALL THE COMMISSIONERS SO YOU CAN ACCEPT IT AND AND LOCK IT DOWN.

OF COURSE WE NEVER MEET AT EVERY MEETING.

WE ALWAYS SKIP.

SO BETTER TO BE ON THERE THEN TRY TO GET ON THERE LATER TO SQUEEZE IT IN.

RIGHT. I THINK I CAN SPEAK, I THINK FOR ALL OF US IT'S MUCH APPRECIATED THAT WE GET THOSE CALENDAR INVITES OUT BECAUSE IT JUST LETS US NOT PUT ANYTHING ON TOP OF IT.

SO YEAH.

GREAT. OKAY. ALL RIGHT.

SO DOES ANYBODY HAVE ANY COMMENTS, QUESTIONS OR CONCERNS ABOUT THE UPCOMING CALENDAR FOR 2024? I CAN SAY I DO APPRECIATE WE MOVED THOSE TO THURSDAYS FROM WEDNESDAY TO ALLOW US TO PARTICIPATE IN NOT ONLY CSAC EXECUTIVE COMMITTEE MEETINGS AS WELL AS THE R CRC MEETINGS.

SO MUCH APPRECIATED TO THIS BODY FOR DOING THAT.

YEAH. GREAT. OKAY.

WELL THEN ON THURSDAY FOR SEVERAL YEARS ALREADY NOW, I REMEMBER WHEN WE WENT THROUGH THE ITERATIONS OF THE HOURLY CHANGES AND ALL THAT KIND OF STUFF.

THIS IS THE BEST.

YEAH, WE'VE BEEN STEADY FOR A WHILE.

CAN WE GET THAT ON RECORD THAT HE SAID THAT THIS IS THE BEST [INAUDIBLE].

YEAH. MOVING RIGHT ALONG NOW TO ITEM EIGHT A.

[VIII. EXECUTIVE OFFICER AND COMMISSIONERS' COMMENTS]

MR. NICHOLSON, DO YOU WANT TO SAY ANYTHING? I KNOW, AND YEAH, MORE IT'S MORE AN OPPORTUNITY FOR FOR COMMISSIONERS TO SHARE ANYTHING THAT THEY LEARNED OR OBTAINED.

I ATTENDED FOR ONE DAY, AND IT'S FAIRLY TYPICAL OF MOST CONFERENCES BUT IF THERE'S ANYTHING SPECIFIC THAT THE COMMISSIONERS WANTED TO SHARE FROM WHAT THEY OBSERVED I WANTED TO PUT IT ON THE AGENDA FOR THAT I GOT SICK.

WELL, I WILL SHARE A STORY THAT NOT ISN'T PROBABLY DIRECTLY RELATED.

I MEAN, IT WAS AT THE CONFERENCE, BUT SUPERVISOR COMMISSIONER MCDANIEL AND I HAPPENED TO RIDE BACK FROM DINNER ONE NIGHT IN A TESLA, AND WE HAD IT WAS AN UBER RIDE, AND IT WAS A REAL FANCY TESLA.

SO THE UBER DRIVER WAS TELLING US HOW FAST THIS THING CAN GO FROM 0 TO 60, AND OF COURSE, THAT PIQUED MY INTEREST, AND SO HE'S LIKE, IT'LL GO FROM 0 TO 60 IN LIKE THREE SECONDS, AND WE'RE LIKE, OH, LET'S TRY IT.

WELL, I'M JUST GOING TO TELL YOU IT GOES FROM 0 TO 60 IN THREE SECONDS, AND IT'S NOT LIKE A BIG MUSCLE CAR WHERE YOU HEAR ALL THIS NOISE.

THIS THING JUST LAUNCHES OFF THE START LINE, LIKE LIKE JUST AND LIKE IT LITERALLY PINS YOU BACK IN YOUR SEAT.

YEAH, IT WAS QUITE INTERESTING, AND THEN HE HAD ONE THAT HE SAID HE CAN GO FROM 0 TO 100 IN LIKE FIVE SECONDS OR SOMETHING LIKE THAT.

I WANTED TO TRY IT, BUT MY COLLEAGUE COMMISSIONER MCDANIEL, WAS NOT HAVING NO PART OF THAT.

SO A LITTLE SIDEBAR TO THAT DOCTOR [INAUDIBLE] ONE OF THE PREMIER HEART SURGEONS IN FRESNO DOCTOR VALENS GOT KILLED IN THE TESLA ABOUT THE SAME TIME AS THE CONFERENCE WAS GOING ON IN FRESNO.

THEY DETERMINED HIS WAS ONE OF THESE REAL SOUPED UP ONES.

YEAH, 125 OR WHATEVER IT IS, AND HE HIT A TREE AND THEY STILL KNOW WHETHER IT WAS THE CAR [INAUDIBLE] OR IF HE LOST CONTROL OR WHAT IT

[00:30:03]

YEAH, HE WAS A VERY GOOD DOCTOR AND STUFF.

YEAH, AND MAYBE PEOPLE DON'T HAVE TO BE GOING THAT FAST IN A SPLIT SECOND.

THIS IS TRUE.

THIS IS TRUE BUT [INAUDIBLE] IF YOU MIGHT, WHAT I GOT OUT OF THE CONFERENCE, LIKE BILL SAYS, WAS TYPICAL.

I MEAN, THEY THEY HAD SEVERAL DIFFERENT SUBJECTS, SEVERAL DIFFERENT, SEVERAL DIFFERENT, UM THEIR BREAKOUT SESSIONS AND THIS AND THAT.

I, I THINK THIS YEAR, THEY FINALLY DID IT BETTER.

THEY KIND OF WENT BACK TO HOW THEY HAD BEEN DOING IT FOR THE REGIONAL MEETING.

SO AT LEAST WE GOT A CHANCE TO DISCUSS A LITTLE BIT OF STUFF THAT WAS GOING ON, BECAUSE DOWN IN SOUTHERN CALIFORNIA LAST YEAR THAT DID NOT HAPPEN AND STUFF.

SO I THOUGHT THIS WAS BETTER.

OTHER THAN THAT, THE VENUE WAS GOOD THERE.

EVERYTHING ELSE WAS THE LUNCH LUNCHEON SPEAKER.

I DIDN'T CARE MUCH FOR HER.

I THINK SHE THEY COULD HAVE GOT SOMEBODY BETTER, BUT THAT TYPICAL FOR MONTEREY, I WOULD SAY, AND THEN, YOU KNOW.

YEAH. ONE OF THE THINGS I WAS DISAPPOINTED IN IS ONE OF THE LUNCH TIME OR IT WAS ONE OF THE SESSIONS THEY HAD THERE, AND THEY WANTED AUDIENCE PARTICIPATION IN IT, BUT THEY HAD NO MICROPHONES IN THE AUDIENCE.

SO YOU HAD A PANEL UP THERE SPEAKING, AND YOU HAD PEOPLE THAT HAD QUESTIONS, AND TO THE POINT THAT I ACTUALLY TALKED TO THE EXECUTIVE DIRECTOR FOR CAL LAFCO, AND THEY SAID THEY HAD IT ADDRESSED, AND AT THE NEXT ONE, THEY STILL DIDN'T HAVE IT ADDRESSED, AND SO YOU HAVE WHEN YOU'RE SITTING IN A QUITE LARGE ROOM WITH A BUNCH OF PEOPLE PERSONS ASKING THEIR QUESTION TO THE FOLKS UP ON THE STAGE AND THEY CAN HEAR IT, BUT ANYBODY BEHIND THEM OR AROUND THEM CAN'T HEAR THE QUESTION, AND SO IT'S LITTLE THINGS LIKE THAT.

I MEAN, THIS IS NOT THEIR FIRST CONFERENCE.

IT'S IF YOU REALLY, TRULY WANT PARTICIPATION IN THESE CONFERENCES, YOU NEED TO KEEP PEOPLE ENGAGED, AND THE QUICKEST WAY TO HAVE FOLKS NOT BE ENGAGED IS DON'T LET THEM NOT BE ABLE TO HEAR WHAT'S GOING ON AND THEN THEN THE CONVERSATIONS STARTS TO PICK UP AT THEIR OWN TABLE BECAUSE THEY CAN'T HEAR WHAT'S GOING ON THERE.

SO MAYBE YOU COULD PASS THAT ALONG TO SOMEBODY THAT MIGHT WANT TO LISTEN.

BILL, I DID PUT THAT COMMENT IN MY REVIEW NOTES.

I DID A REVIEW AND I MADE THAT COMMENT.

[INAUDIBLE] I KNOW, YEAH.

SO, MR. NICHOLSON, ANYTHING YOU WANT TO ADD? YEAH.

THE ONLY OTHER THING I WOULD ADD IS HOW AGGRESSIVE AND INVOLVED MANY LAFCO ARE OF GETTING INTO THE NITTY GRITTY OF SPECIAL DISTRICTS AND MAYBE CITIES, BUT ESPECIALLY SPECIAL DISTRICTS, AND THERE WERE SEVERAL SESSIONS ON EXPERIENCES WHERE THEY'RE REALLY PUSHING THE DISTRICTS TO BEHAVE BECAUSE THE DISTRICTS AREN'T AND IN SOME CASES, GETTING IN THE STATE ATTORNEY GENERAL'S OFFICE, THERE WAS A REALLY BAD CASE IN VENTURA COUNTY AND LAFCO GETTING INVOLVED IN A GATED COMMUNITY, AND THEY HAD THEY WERE RUNNING THEIR OWN, A DISTRICT WAS RUNNING THEIR OWN POLICE CAR, WHICH ISN'T ONE OF THEIR SERVICES, AND THEY CAN'T RUN POLICE NO DISTRICTS DO POLICE.

YOU HAVE FIRE DISTRICTS, BUT YOU DON'T HAVE POLICE DISTRICTS.

IT'S A DIFFERENT REALM.

SO SO THERE ARE INTERESTING STORIES, BUT IT MADE ME REALIZE THAT FOR THE MOST PART IN MERCED COUNTY, WE ACTUALLY HAVE PRETTY GOOD PLAYERS IN THEIR SPECIAL DISTRICTS.

THEY'RE NOT GETTING OUTSIDE THEIR REALM AND UNFORTUNATELY, IN A LOT OF CASES, THEY'RE STRUGGLING TO PROVIDE THE SERVICES THAT THEY NEED, ESPECIALLY WHEN IT COMES TO URBAN SERVICES. THE UNINCORPORATED COMMUNITIES, PLANADA AND LA GRANDE AND EVEN SANTA NELLA HAS MORE MONEY IT'S ALWAYS A CHALLENGE TO KEEP UP WITH WATER QUALITY AND SEWER CAPACITY AND ALL THE STATE REQUIREMENTS.

SO THEY'RE NOT USUALLY GOING ABOVE, OUTSIDE THEIR AUTHORITY TO DO THINGS.

THEY'RE TRYING TO DO A GOOD JOB TO MEET WHAT THEIR, THEIR CHARGES ARE.

SO A LOT OF OTHER LAFCOS, THEY GET INTO A LOT OF WEIRD GAMES, AND SO I THINK WE'RE FORTUNATE IN THAT REGARD, AND THE OTHER ONE OTHER THING IS THERE WAS A SESSION ON, WORKING TOGETHER WITH STAFF AND COMMISSIONERS AND GOOD BEHAVIOR, AND WE HAVE THAT ALREADY.

ALL THE THINGS THEY TALK ABOUT ARE MORE COMMON, SENSIBLE ABOUT DOING TEAM, HAVING TEAMWORK AND RESPECTING EACH OTHER, AND AGAIN, WE DON'T HAVE THAT KIND OF PROBLEM WHERE WE'RE PEOPLE ARE GETTING IN EACH OTHER'S FACES, OR IT'S LIFE AND DEATH OVER A CITY ANNEXATION AND THE COUNTY FIGHTING SO I THINK, BILL, TO THAT POINT, I THINK A LOT OF THAT COMES FROM THE SPECIAL DISTRICTS HAVE AN OPPORTUNITY TO PARTICIPATE IN LAFCO BUT CHOOSE NOT TO, AND I JUST FEEL LIKE WE HAVE OUR PUBLIC MEMBER WITH, WITH BOB AND AND SCOTT, BUT AS ELECTED OFFICIALS FROM THE CITIES AND THE COUNTIES WE WORK TOGETHER ON SO MANY THINGS.

SO THERE'S WE ALL LIKE TO THINK THAT WE ALL PRETTY MUCH GET ALONG.

I THINK WHEN YOU ADD THAT MIX OF THESE SPECIAL DISTRICTS IN THERE AND, AND LISTEN, THEY DO GOOD WORK AND I APPRECIATE THEM, BUT MAN, SOMETIMES WHEN YOU GO TO CAL LAFCO LIKE THIS IS THIS IS A BIG DEAL FOR SOME OF THESE PEOPLE BEING ON THESE, THESE SPECIAL DISTRICTS AND THEN BEING ON LAFCO.

I MEAN, IT'S AND SO, I THINK IT'S IT EVEN STRETCHES I THINK IT'S COUNTY BY COUNTY, BUT OUR COUNTY WE HAVE A BOARD OF SUPERVISORS

[00:35:08]

YEAH A LOT OF THESE A LOT OF THESE COUNTIES.

I THINK WE'RE KIND OF WE'RE NOT THE ONLY ONE, BUT WE'RE PROBABLY ONLY ONE OF A FEW, A LOT OF THAT, A LOT OF THAT STUFF SPECIAL DISTRICT DISCUSSIONS HAVE TO DO WITH FIRE DISTRICTS AND ONE CAN'T GET ALONG WITH THE OTHER.

THIS GUY HAS A BETTER TRUCK THAN THE NEXT ONE, AND THEN SO THEN I THINK WE'RE FORTUNATE THAT WE HAVE A COUNTYWIDE DISTRICT, WHICH IS THE COUNTY ITSELF, AND, AND, WE'RE LUCKY ON THAT, AND THE AND OUR BIG SPECIAL DISTRICTS IN MERCED COUNTY ARE JUST ARROGANT TO IRRIGATION DISTRICTS.

WHICH ONE'S ON ONE SIDE OF THE COUNTY AND THE OTHER ONE'S ON THE OTHER, AND THEY THEY COOPERATE ON STUFF THEY NEED TO, BUT REALLY THEY EACH ONE'S GOT THEIR OWN THING TO DO, AND THEY DON'T GIVE US VERY MUCH PROBLEM, AND THE OTHER LITTLE SPECIAL DISTRICTS WE HARDLY EVER HEAR ANYTHING FROM THEM.

SO, YEAH, IN A WAY, WE'RE LUCKY.

WE'RE VERY LUCKY, SIR.

YEAH I DID WANT TO ADD ON TO THAT.

WE ARE LUCKY. OUR APPLICATION TODAY WAS AN EXTENSION OF WATER SERVICE FROM THE CITY OUT TO THE COUNTY, AND WE ARE VERY LUCKY AT LAFCO THAT WE DON'T GET INTO THE EXTENSION OF AGRICULTURAL WATER BETWEEN DISTRICTS AND BETWEEN SUBBASINS AND ALL THAT.

SO THE COUNTY HAS THEIR HANDS FULL WITH THAT, BUT THAT LAW FOR LAFCO SPECIFICALLY EXEMPTS TRANSFER OF IRRIGATION WATER.

SO WE'RE NOT CAUGHT IN THAT MIRE, WHICH IS A TOUGH IT'S A TOUGH ISSUE, BUT ANYWAY, YEAH, NOT TO BE BROUGHT UP HERE.

YEAH. [INAUDIBLE] OPINION ON THAT.

OH, WE'LL SAVE THAT FOR ANOTHER DISCUSSION FOR ANOTHER DAY.

ALL RIGHT. EIGHT B EXECUTIVE OFFICERS ORAL UPDATE ON UPCOMING APPLICATIONS, MUNICIPAL SERVICE REVIEW UPDATES AND OTHER BUSINESS.

OKAY I DID HAVE A FEW SLIDES HERE OF A BOUNDARY.

SOME BOUNDARY. OKAY.

OKAY. YEAH. I'VE BEEN TALKING TO TALKING ABOUT AG IRRIGATION DISTRICTS SEVERAL DISTRICTS ON ANNEXATIONS AND ONE WITH THE DETACHMENT WE HARDLY EVER DEAL WITH THE CORTEZ WATER DISTRICT.

THERE ARE DISTRICT THAT WAS FORMED TO TRY TO GET IRRIGATION WATER FROM TURLOCK IRRIGATION DISTRICT TID OUT OF STANISLAUS COUNTY AND THEY NEVER DID.

SO NOW WITH SIGMA, THEY'RE THE [INAUDIBLE] I MEAN, THE STATE WATER MANAGEMENT ACT FOR GROUNDWATER MANAGEMENT, BASICALLY, IT'S GETTING INVOLVED. ALL THE DISTRICTS GET INVOLVED THROUGH THROUGH SIGMA.

SO THEY'RE LOOKING AT ANNEXING, TWO PARCELS, 138 ACRES AND TEN ACRES THAT ARE BOTH ON THE WEST SIDE NEAR IT WOULD IT WOULD BE SANTA FE GRADE, WHICH RUNS.

THAT'S THE ROAD RUNNING UP THERE.

I DON'T HAVE AN ARROW HERE.

YEAH. ANYWAY IT'S A SMALL ANNEXATION, BUT IT'S JUST BEEN A DISTRICT THAT HASN'T BEEN ON OUR RADAR TOO MUCH DOING THINGS, AT LEAST IN THE LAFCO SIDE.

SO IT'LL BE A PRETTY MINOR APPLICATION WHEN IT COMES IN.

WE ALSO HAVE A DETACHMENT PROPOSAL OF 423 ACRES FROM THE [INAUDIBLE] COUNTY WATER DISTRICT, WHICH IS OVER BY THE SAN JOAQUIN RIVER AND IT'S RELATED TO ANOTHER APPLICATION BY THE NEIGHBORING STEVENSON WATER DISTRICT.

SO THIS WOULD BE REMOVING LAND ON THE ON THE EASTERN SIDE AND THIS IS THE STEVENSON WATER DISTRICT, WHICH THE WESTERN BOUNDARY IS MORE OR LESS THE, THE SAN JOAQUIN RIVER AND THIS DISTRICT WOULD BE ANNEXING THE LAND DETACHED FROM [INAUDIBLE], AND THEN THEY'RE ALSO ANNEXING TWO OTHER AREAS ONE 642 ACRES, AND THE OTHER ONE'S 1319 ACRES THE AREAS WOULD BE NORTH AND EAST AND A LITTLE BIT ON THE SOUTH, WHICH I DON'T I DIDN'T BRING ALL THE MAPS, ACTUALLY.

I HAVE THEM IN MY FOLDER, BUT I DIDN'T MAKE COPIES OF THE APPLICATIONS AREN'T COMPLETE.

WE'RE STILL WORKING THROUGH THE MATERIAL SO BUT IT'S GOING TO BE COMPLICATED BECAUSE THE SIZE OF THE ACREAGE BEING ADDED IS LARGE ENOUGH TO WE HAVE TO AMEND THE SPHERE OF INFLUENCE, IN THIS CASE, THESE DISTRICTS, THE SPHERE OF INFLUENCE AND THE DISTRICT BOUNDARY ARE ALL THE SAME.

THERE'S NO GROWTH AREA.

SO WE'LL BE AMENDING THE SPHERE, AND IT'S SUCH A LARGE AREA THAT WE NEED TO DO A AMEND THE MUNICIPAL SERVICE REVIEW IN A VERY MORE TECHNICAL WAY OF

[00:40:08]

SO THEY WANT TO THEY WANT TO MAKE THEIR DISTRICT MORE WHOLE FOR WHERE THEY'RE ACTUALLY SERVING WHICH AGAIN, I THINK IT'S PART OF SIGMA ISSUES BUT ANYWAY, WE HAVE TO DO AN MSR UPDATE, WHICH, WHICH WE JUST RECENTLY IN 2022, WE ADOPTED THE COMPREHENSIVE AG IRRIGATION DISTRICT MSR FOR ALL AG DISTRICTS.

SO WE'LL JUST WE HAVE PRETTY RECENT INFORMATION.

SO WE'LL JUST DO SOME MINOR TWEAKS IN HOUSE ON THE ACREAGES AND THE AREAS BEING SERVED AND THE BOUNDARY MAPS.

SO THOSE ARE THE MAIN APPLICATIONS COMING TO YOU THAT YOU HAVEN'T HEARD OF, AND THE ONE YOU'VE HEARD OF BEFORE WAS THE UC MERCED CAMPUS AND THE [INAUDIBLE] SMITH TRUST PROPERTY THAT WE HAD A WORKSHOP ON A COUPLE OF MONTHS AGO, AND THE CITY STILL PUTTING THAT PAPERWORK TOGETHER.

IT'S NOT ALL FINALIZED YET, SO WE DON'T HAVE THAT, BUT WHEN IT COMES IN, THEY'RE GOING TO BE READY TO READY TO ROLL.

SO YEAH, IT'S STILL PENDING AGAIN, THE SPECIAL LEGISLATION THAT ALLOWED US TO ANNEX THE UC AND THEN THE ADJACENT LAND IS THAT YOU CAN ACTUALLY, YOU SEE AND THEN IF YOU [INAUDIBLE], THEN YOU CAN ANNEX THE ADJACENT.

SO THE UCS IN THE FRONT OF THE LINE AND GOT TO GET ANNEXED FIRST AND THEN WE CAN ENTERTAIN THE OTHER, THE OTHER ONES.

SO THEY'RE RUNNING ON PARALLEL PATHS BUT JUST ABOUT A MONTH APART.

RIGHT. BECAUSE ONE HAS TO HAPPEN BEFORE THE OTHER ONE.

RIGHT. RIGHT.

YEAH. CORRECT.

SO YEAH, AND SO THAT'S IT.

OKAY. MOVING ON TO ITEM EIGHT C COMMISSIONER COMMENTS.

COMMISSIONER RAYMOND, [INAUDIBLE] YOU GOT SOMETHING TO SAY.

NO. NOT EVEN LIKE MERRY CHRISTMAS.

HAPPY NEW YEAR. SURE OKAY.

MERRY CHRISTMAS. THERE YOU GO.

THANK YOU. I WANT TO GET YOU ON THE RECORD, BUDDY.

THANK YOU COMMISSIONER MCDANIEL.

IT'S NICE TO SEE COMMISSIONER RAYMOND HERE FOR HIS FIRST MEETING HE WAS ACTUALLY HERE EARLY IT'S JUST GOOD TO SEE YOU HERE.

ALL RIGHT, COMMISSIONER BERTAO.

OH, AND MERRY CHRISTMAS.

THANK YOU. WELCOME.

WELCOME TO COMMISSIONER RAYMOND MERRY CHRISTMAS.

HAPPY NEW YEAR TO ALL.

EVERYBODY STAYS SAFE AND HEALTHY THROUGHOUT THE NEXT.

THIS CHRISTMAS SEASON AND NEXT YEAR AND HOPE WE HAVE SOME GOOD SESSIONS AND AND PRODUCTIVE WORK.

FINAL COMMENTS. MR. NICHOLSON, ANY FINAL COMMENTS? YEAH, JUST IT'S A PLEASURE.

CONTINUE TO WORK WITH YOU ALL AND APPRECIATE THE SUPPORT AND AGAIN, THE CAMARADERIE WE HAVE.

SO IT'S I APPRECIATE IT MORE SEEING WHERE OTHERS ARE HAVING PROBLEMS THAT IT THAT WE DON'T WE DON'T HAVE THAT.

SO IT'S BETTER THAN [INAUDIBLE].

YEAH. MUCH BETTER.

OH THANK YOU VERY MUCH.

YEAH. THANK YOU.

YOU DON'T EVEN KNOW. I'M GLAD YOU I'M GLAD THAT YOU SEE THAT.

LIKE THE CHOICE, THE RIGHT.

WE ALWAYS KNEW THE RIGHT CHOICE, BUT WE'RE GLAD YOU SEE IT, TOO, NOW.

A LITTLE BIT SLOW. YEAH.

ALL RIGHT, ALL RIGHT. THANK YOU HAPPY HOLIDAYS.

FINALLY, BEFORE WE ADJOURN THIS MEETING, I JUST WANT TO WISH EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR, AND WE'LL SEE YOU NEXT YEAR.

MEETING ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.