TranslateApproved Regular Commission Meeting Minutes for April 3, 2019
Attendance
Commissioners Present
Teresa Barrett, Chair
Ernie Loveless
Susan Gorin
Jean Kapolchok
Pam Stafford
Rich Holmer
Alternate Commissioners Present
Steve Herzberg
Mark Landman
Rodney Moore
James Gore
Staff Present
Mark Bramfitt Executive Officer
Carole Cooper, Assistant Executive Officer
Verne Ball, Legal Counsel
Cynthia Olson, Administrative Analyst
Diana R. Wilson, Clerk
Approved meeting minutes April 3, 2019
1. Call to Order by the Chair - Action
2. Public Comment:
Duanne DeWitt from Roseland, expressed his concern regarding the lack of services in Roseland.
Michael Hilberg from Roseland area feels that no one he knows follows the LAFCO agendas. He feels that the fire board of directors should have done more to communicate.
3. Consent Calendar- Action
- Approval of Meeting Minutes: February 6, 2019
Upon motion and second, approved as recommended by staff
Ayes: 7 Loveless, Gorin, Kapolchok, Stafford, Holmer, Gore and Barrett.
Noes: 0
Abstain: 0 - 2018-19 Expenditures and Revenues Through Quarter 2
Upon motion and second, approved as recommended by staff
Ayes: 7 Loveless, Gorin, Kapolchok, Stafford, Holmer, Gore and Barrett.
Noes: 0
Abstain: 0
4. Public Hearings - Action
- File No. 2018-14: Roseland Fire Protection District Reorganization No. 18-01(Roseland FPD) Involving Dissolution of the Roseland Fire Protection District, Annexation of the Portion of the District Outside the City of Santa Rosa to the Rincon Valley Fire Protection District, and Transfer of the Assets of the District, Including Reserves, to the City of Santa Rosa. Environmental Determination: Exempt Pursuant to Sections 15061(b)(3) and 15320 of the State CEQA Guidelines.
- File No. 2018-16: Windsor Fire Protection District Reorganization No. 18-01 (Windsor FPD) Involving Dissolution of the Bennett Valley Fire Protection District and the Rincon Valley Fire Protection District, Detachment of the Service Area of the Mountain Volunteer Fire Company and Integrated Response Plan Areas from County Service Area No. 40 (Fire Services), and Annexation of Those Territories to the Windsor Fire Protection District. Environmental Determination: Exempt Pursuant to Sections 15061(b)(3) and 15320 of the State CEQA Guidelines
- File 2018-15: Windsor Reorganization No. 2017-27 (North Arata Area) Involving Annexation to the Town of Windsor and Windsor Water District and Detachment from County Service Area No. 41 (Multi-Services). Environmental Determination: Environmental Impact Report prepared by Town of Windsor for 2040 General Plan
- Sonoma LAFCO Fiscal Year 2019-20 Proposed Budget
Staff provided information regarding the protest proceeding.
No Comment from the Commission.
The Chair opened a protest hearing.
Michael Hilber from Roseland unincorporated area, provided opinion regarding process. He feels that the item should have gone to a vote.
Orlean Krilla from Rincon Valley stated that she was confused about the protest letter. Members of the fire districts were able to clarify the issues for her. She doesn’t like the increase of the parcel tax.
Duane DeWitt from Roseland stated that he is concerned about the placement of the new fire station. He would like a stipulation that the funds will be used in Roseland rather in South West Santa Rosa.
Sheila Doyle member of public stated that several people she knows didn’t receive letter to protest. She expressed her aversion to the protest process and wants issue of taxation to be taken to a vote.
The Chair closed the protest hearing and brought the discussion back to the Commission.
Commissioner Loveless asked if the parcel tax amount was in the notification.
Staff clarified that staff wasn’t able to answer taxation questions and referred people to the District for answers regarding the taxes.
Commissioner Loveless asked for clarification regarding the process of taxation and staff provided information in the LAFCO code regarding the process.
Commissioner Holmer asked if staff complied with the statutory noticing and staff explained that notifications were sent within the timeframe.
Chair Barrett asked for the results of the protest.
Staff provided the following facts:
There were 1,100 registered voters in reorganization area so the required number for sufficient protest was approximately 250 and LAFCO received less than a dozen.
There were 2,000 landowners in the affected territory requiring a successful protest of 500 and LAFCO received less than twenty.
Upon motion and second, approved as recommended by staff
Ayes: 7 Loveless, Gorin, Kapolchok, Stafford, Holmer, Gore and Barrett.
Noes: 0
Abstain: 0
Staff provided information regarding the protest proceeding.
No Comment from the Commission.
The Chair opened the protest hearing period.
Jim Derksin a member of public who lives on Saint Helena Road stated his displeasure about the increased taxes.
Dominic Foppoli, Mayor of Windsor voiced his support for the merger.
Vinny Martin, member of public and former firefighter stated that he is in support of the merger but he does not like the process. He requested answers regarding the new taxation.
Member of public spoke out regarding their displeasure in the process.
Jim Hyatt, member of public, stated that he is supportive of the merger but upset regarding the way the process was handled.
Tom Graham, member of the public stated that he is upset about the process and that the change in taxes was not explained to his satisfaction. Not against the annexation but against the cost.
Michael Hilber, from Roseland unincorporated area, was disappointed by the lack of information and unhappy about the complication of the increased costs.
The Chair closed the protest hearing and brought the discussion back to the Commission.
Chair Barrett asked for the results of the protest.
Staff provided the following facts:
18,000 registered voters in reorganization area, so the required number was approximately 4,500 protests and LAFCO received less than a 75.
15,000 landowners in the affected territory requiring a successful protest of 3,750 and LAFCO received less than 100.
Commissioner Gorin stated that she understands the challenges getting the word out to the public and asked how the mailing was sent out.
Staff answered that the district sent the notices out through a mailing service. Provided a sample of the letter and envelope to the commissioners to review.
Commissioner Gorin asked staff and Chief Heine to answer the question of taxes directly and asked for opinion for how the district would smooth out miscommunications.
Chief Heine, Windsor/Rincon Fire, stated that the district is dedicated to community outreach including holding several community meetings to provide information regarding the new tax rates. He feels that the annexation will increase communication with the consolidation and provide a physical presence.
Commissioner Gorin thanked Chief Heine for the effort in communication and outreach working with the fire districts in the area. She underscored the importance of communication moving forward to merge the 39 various fire districts to meet the needs of the area.
Chief Heine, Windsor/Rincon Fire, stated that he supports the consolidation to combine the best assets to build a better organization and service the area.
Commissioner Gorin made a recommendation that LAFCO improve mailing process for future consolidations.
Commissioner Gore pointed out the challenges to do outreach perfectly. He apologized for the imperfection of the process and frustration but feels the merger is the right thing to do.
Commissioner Loveless reiterated Commissioner Gore’s statement and apology and hopes that staff improves the process moving forward.
Commissioner Kapolchok stated that she believes that best efforts were made to convey honest and correct information to the public.
Commissioner Stafford agreed with Commissioner Kapolchok. Also stated that this is a ground breaking achievement
Upon motion and second, approved as recommended by staff
Ayes: 7 Loveless, Gorin, Kapolchok, Stafford, Holmer, Gore and Barrett.
Noes: 0
Abstain: 0
Staff outlined the affected areas and explained reasons for the Annexation.
No Comment from the Commission.
The Chair opened a public hearing.
Dominic Foppoli, Mayor of Windsor voiced his support of the Annexation.
Ru Birch, member of public outlined the efforts made to complete the proposed Annexation and indicated locations on the map pertaining to the Annexation.
Member of the public, elected member of Windsor Unified School District Board of Trusties, stated that he is behind the proposal and has spent 2 years working on this Annexation.
Sam Salmon, Town of Windsor and member of public, provided some background to the area of the proposed Annexation.
Richard Combs, Applicant, stated that he feels that this Annexation is a good fit for LAFCO’s mission statement. He is looking forward to moving forward and working with the town of Windsor and various other agencies.
The Chair closed the public hearing and brought the discussion back to the Commission.
Commissioner Gore stated concerns about agricultural lands and asked if there is an agricultural mitigation plan and if they are avoiding the Agricultural Zoned Land.
Staff answered yes and pointed out that land owners in the remaining area have been in touch with members of the commission and the Town, communicating an interest in annexation. Future agricultural mitigation concerns may come before the Commission when those remaining areas progress to future annexation. Staff also indicated the urban growth boundaries on the map that LAFCO would not consider annexation.
Commissioner Gore wants agricultural mitigation to come up in the General Plan.
Commissioner Holmer expressed his concerns regarding urban sprawl and the need to preserve prime agricultural lands. He would like more buffers included to protect agricultural lands and will not support the proposal as presented.
Commissioner Loveless asked if there would be consideration for affordable housing.
Ken McNab interim Town Manager, Town of Windsor answered that there is a development agreement for inclusionary housing.
Commissioner Kapolchok cautioned the Commission to consider the role of LAFCO. She stated that the land in the proposal is not designated as protected agricultural land. In addition, she supports the CEQA analysis.
Commissioner Stafford stated that cities and counties are mandated to provide housing and while it’s not LAFCO’s role, it is something to keep in mind. People voted on the General Plan and should be informed.
Alt Commissioner Landman stated that he appreciates the efforts made to talk to all of the stakeholders and that he is supportive of this item. He requested being provided a LAFCO white paper/best policies for lost agriculture lands to be brought before the board as an agenda item later in the year.
Alt Commissioner Herzberg stated his concern that parcel taxes may not cover all costs. He expressed that he thought staff did a good job.
Commissioner Gorin stated that she is supportive of this item going forward but wanted to clarify that Cities/counties provide land but are not mandated to provide houses. She stated that this annexation is a way to provide land for housing and the economic health of Windsor.
Commissioner Holmer commented on Commissioner Landman’s comment regarding White paper. He stated that the LAFCO Executive Officer provided him a 2018 report. He requested an agenda item in the future to create a coherent policy in the future.
Chair Barrett stated that she wants to revisit the Agricultural Preservation Policy in the context with the CALAFCO policies. Would like this matter to be reviewed by the Policy Committee as a first step and then bring findings back to the Commission.
Upon motion and second, approved as recommended by staff
Ayes: 6 Loveless, Gorin, Kapolchok, Stafford, Gore and Barrett.
Noes: 1 Holmer
Abstain: 0
Staff outlined the Proposed Budget and presented the Budget Committee’s recommendation.
The Chair opened a public hearing.
No public comments.
The Chair closed the public hearing and brought the discussion back to the Commission.
Commissioner Loveless asked for information about the notification process for the rate changes.
Staff clarified that the communication with funding agencies is solid and further detailed the process.
Upon motion and second, approved as recommended by staff
Ayes: 7 Loveless, Gorin, Kapolchok, Stafford, Holmer, Gore and Barrett.
Noes: 0
Abstain: 0
5. Regular Calendar
- LAFCO Staffing and Facilities: Memorandum of Understanding for Fiscal Year 2019-20.
Staff provided information regarding the item.
The Chair opened a public comment period.
No public comments.
The Chair closed the public comment and brought the discussion back to the Commission.
No comments from the Commission.
Upon motion and second, approved as recommended by staff
Ayes: 7 Loveless, Gorin, Kapolchok, Stafford, Holmer, Gore and Barrett.
Noes: 0
Abstain: 0
6. Information/Report Items - Informational and/or Direction
- Legislative Report
Staff requested support from the Commission on several bills, and provided information regarding AB 1822 (AnnualOmnibus Bill), AB1253 (Grant Program), SB 414 asked Counsel to advise or direct staff to work with the Chair and Vice Chair on AB600. Outlined details of AB600.
Chair Barrett asked if there is funding associated with AB600 and Staff answered that there is no funding or budget increases for the changes proposed in AB600.
Alternate Commissioner Moore stated that he would be against SB 414 (the water bill) as presented as well as AB600. He requested that the Commission be sensitive to the funding of such mandates.
Commissioner Holmer stated that there needs to be money involved to bring systems up to standard.
Chair Barrett asked if the AB600 was informational only and Staff answered that they wanted Commission to direct Staff to write a letter in opposition. AB600 is scheduled to go before the Assembly Local Government Committee hearing April 24, 2019.
Staff requested that the Commission take Support positions on AB 1822 and AB 1253.
Upon motion and second, approved as recommended by staff. Additionally: direction to staff to write letter of opposition to AB600.
Ayes: 7 Loveless, Gorin, Kapolchok, Stafford, Holmer, Gore and Barrett.
Noes: 0
Abstain: 0
Executive Officer’s Report (Verbal)
The Executive Officer stated that Sonoma Valley Fire and EMS met with representatives of the fire service agencies in Sonoma Valley and that there is a strong interest and intent of consolidation of fire services in that area.
He attended a two hour meeting on Monday Night with representatives of Timber Cove Fire, Cazadero Community Service Districts, Fort Ross Volunteer Fire Company, and North Sonoma Coast Fire. There was a strong interest in consolidation.
4:35 Commissioner Gore Departed dais.
He provided an update on Palm Drive Health Care District including that AAMG reported losses of $2.2 million dollars to date. He reminded the Commission that the District is responsible for those debts. He will bring the application for detachment forward at the May 1st meeting.
The County is re-visiting the County Emergency Medical System and is looking at private providers. He expressed concerns of a conflict between EMS and LAFCO. If LAFCO approves a reorganization that includes the annexation of territory currently served by a private ambulance company to a public agency providing ambulance service, LAFCO would authorize the agency to serve that area while the County EMS agency would assert their authority to set up those zones. The current EMS draft ordinance doesn’t express the conflict between EMS and LAFCO and staff doesn’t feel the ordinance will address the issue.
Alternate Commissioner Herzberg stated that he feels there will be some contentious items moving forward as consolidations continue. He expressed the importance of LAFCO preserving its independence.
Staff stated they are seeking guidance from Commission on two issues.
The first is regarding a group of vineyard owners in Santa Rosa wanting to form a California Water District. They intend to recharge groundwater projects on agricultural lands and to gain a seat on GSA. They would like to discuss with the Commission the easing of some of the requirements of application with regards to the verification of petition signatures. Chair Barrett answered that the Commission is not interested in hearing from the group at this time.
Staff discussed two fire protection service contracts that may be coming before the Commission. The contracts involve one fire agency providing services, under contract, neighboring fire districts. First, the newly formed Sonoma County Fire District is negotiating a contract to provide leadership and administrative support to Russian River Fire Protection district. Secondly, a more politically sensitive situation where the County is planning to enter into a contract with North Bay Fire which is representing the volunteer fire companies serving CSA 40. He stated that North Bay Fire will be seeking a contract with the Gold Ridge Fire Protection District for is believed to be leadership and administrative support only, not for paid firefighters. To address the challenges and possible conflicts between Gold Ridge, County and LAFCO, and due to time sensitivities, he is requested that the Commission direct staff to take this issue to the Policy Committee or form an Ad-Hoc Committee to discuss this issues. He suggested focusing on language in both of the contracts regarding what the agencies should be expected to do in order to move towards with the consolidations.
Alternate Commissioner Herzberg stated that the statute speaks to geography as well as staffing as criteria for LAFCO’s jurisdiction. He stated that the County’s own documents state that the contract shall go through LAFCO. He wants a meaningful contract to move towards consolidation.
Commissioner Gorin suggested that she and Commissioner Hopkins may not be the right people to be involved in the discussion and that there should be movement towards regionalization with the goal of one fire district for the County.
Chair Barrett asked for thoughts regarding Ad-Hoc committee and requested volunteers to sit on the committee. Commissioner Loveless, Alternate Commissioner Herzberg and Alternate Commissioner Landman volunteered to serve.
LAFCO Counsel clarified the scope of the Ad-Hoc Committee and stated that it is not his opinion that the code 56134 necessarily applies to the Gold Ridge contract. He stated that it is his opinion that Code 56134 is poorly drafted and is an unclear statute. He suggested that the Committee clarify Sonoma LAFCO’s policy is on this matter.
He let the Commission know that members of staff will be attending the CALAFCO Staff Conference the week of April 8th. He also requested that the meeting be adjourned in memory of Brian Elliot.
7. General Announcements
Commissioner Gorin shared that Sonoma Development Center is having a special board meeting Friday morning and that they may come back to LAFCO with a site specific plan and Environmental Impact Report.
8. Confirm Meetings - The following meeting was confirmed.
Commission Meeting: May 1, 2019, at 2:00 p.m.