Local Agency Formation Commission › Meetings & Agendas › Regular Meeting Minutes for February 6 2019

Approved Regular Commission Meeting Minutes for February 6, 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 Regular Commission minutes for February 6, 2019

1. Call to Order by the Chair

The meeting was called to order at 2:03 pm. The following voting members were seated at the dais: Commissioners Loveless, Gorin, Kapolchok, Stafford, Holmer, and Barrett and Alternate Commissioner Gore.

2. Public Comment:

Duane De Witt, member of public, spoke on matters that concerned him regarding the Roseland annexation from Sonoma County into the City of Santa Rosa. He pointed out issues with the transition and the annexed area being brought up to city standards. He requested information regarding enforcement of the agreement and formulating a written agreement of some kind to determine how to arrange services.

3. Consent Calendar

Approval of Meeting Minutes: December 5, 2019

4. Public Hearings

The Executive Officer outlined the process for the public hearings for the four items. He stated there were two reorganizations, both of which require sphere amendments. The first item is the sphere amendment to the Rincon Valley Fire Protection District to allow for the annexation of parcels to the District upon dissolution of the Roseland Fire Protection District. The second item is the reorganization of the Roseland FPD including the dissolution of the District and annexation of a portion of the District to Rincon Valley FPD. The third item is the amendment to the sphere of the Windsor FPD to allow for the annexation of territory located within the Mountain Volunteer Fire Department and other portions of CSA 40 Fire Services. The final item is the Windsor FPD reorganization including the dissolution of Rincon and Bennett Valley FPDs and the annexation of the territory within those districts as well as portions of territory within CSA 40.

Staff clarified that State law requires that the Commission conduct a noticed public hearing when the commission seeks to amend the sphere of influence of a city or district and in changes of organization with less than 100% consent.

File No. 2018-09: Amendment No. 1 to the Sphere of Influence of the Rincon Valley Fire Protection District Environmental Determination: Exempt Pursuant to Section 15061(b)(3) of the State CEQA Guideline.

The Executive Officer provided information regarding the amendment to the sphere of influence of the Rincon Valley Fire Protection District in preparation for Item 4. 2.

The Chair opened the public hearing.

Duane De Witt, member of public, inquired about the assessment of fees and stated he wanted to protect the historic District fire building.

The Chair closed the public hearing and brought the discussion back to the Commission.

The Executive Officer stated that the questions posed by Duane De Witt would be answered in item 4.2.

Upon motion and second, approved as recommended by staff
Ayes: 7 Loveless, Gorin, Kapolchok, Stafford, Holmer, Gore and Barrett.
Noes: 0
Abstain: 0

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.

The Executive Officer provided information regarding the Roseland Fire Protection District Reorganization. He outlined the use of fund balances and changes in taxation where applicable.
Commissioner Gorin asked for clarification regarding the rights of the people involved in the reorganization and how people would be informed of the proposed changes.
The Executive Officer stated that there will be two protest proceedings; one for this item and one for the subsequent item. He indicated on the map the territory that would have two opportunities to protest. The first action is the dissolution of the Roseland Fire Protection District. The property owners within the District will be notified in the by mail of the opportunity to protest. They will have 35-60 days to file written protest. If 25% of registered voters or 25% of land owners protest, there will be a balloted election, for registered voters only, to see if they approve of the reorganization. If more than 50% protest, the reorganization is denied.
Commissioner Gorin recommended that information about this proposal should be available in Spanish as well as English.
The Executive Officer stated that the notices can be translated into Spanish for distribution by mail as well as posting on the website. He stated that FAQ sheet with information about the entire process will be available on the website.
Commissioner Gorin stated her concern about the individuals involved being able to afford the taxes associated with moving forward.
Commissioner Holmer asked for clarification as to whether the blue area indicated on the map currently has a fee or tax, if the extension of the parcel tax would be a proposition 218 process and is the 25% threshold tax payers or registered voters or a combination of the two.
The Executive Officer stated that the yellow and blue areas have no special taxes at this time. With regards to prop 218, the LAFCO protest hearing takes the place of the 218 election and even has a lower threshold. To the question of registered voter and land owner protests, protest forms are collected from both. At the end of the protest period, if there are valid protest forms from more than 25% of the total number of register voters within the territory, there will be election. If there are valid protest forms from more than 25% of the total number of land owners owning more than 25% of the total assessed land value, there will be an election. An individual can be a registered voter and land owner and submit one of each type of protest forms. Protest forms from voters and land owners are reviewed separately and not combined.
Commissioner Stafford asked why the FAQ or other educational component isn’t sent out during the process.
The Executive Officer indicated that staff will look into posting the link to the website to improve outreach.
Commissioner Gore asked for the number of parcels located within the blue area and which agency is currently servicing the area.
The Executive Officer responded that there are approximately 2,000 parcels currently served by the City of Santa Rosa Fire under contract with the Roseland FPD. The owners of these parcels are not paying any special taxes or fees.
Chair Barrett asked and received clarification that the Roseland FPD is funded through property taxes.
Alternative Commissioner Herzberg stated he is feels that consolidation is right.
The Chair opened the public comment.
Duane De Witt, member of public, stated that he feels that newspapers do not serve the disadvantaged population and that notices should be posted in public places. He stated that the only reason there’s improved services in the Roseland community is because the people pushed for it. He stated his concern that the two million dollars of District money wasn’t being used right and that he would like to see LAFCO put in conditions to ensure that the money is only used for fire protection. He stated he does not like the protest hearing process and doesn’t think it will work for the average person.
The Chair closed the public hearing and brought the discussion back to the Commission and Staff.
Commissioner Gorin asked if the money raised was put into an account for fire services and facilities. She stated that she would like assurance that money that was raised in that community stay there and that she would want there to be a condition stating this in the resolution.
The Executive Officer stated that most fire agencies have a general reserve fund balance and that two million was a rough estimate. He indicated that he saw no problem conditioning the resolution to direct that the assets from the Roseland FPD be used only for fire services.
Commissioner Loveless seconded Commissioner Gorin’s request.
Scott Westrope, Deputy Chief of Santa Rosa Fire, stated that the two million dollar reserve fund is being held within the fire department to be used for the maintenance of the existing station and for the funding of the construction of a new station. Although the City has not acquired the land, they believe that a good location to serve the Roseland community would be in area of Hearn and Dutton. He stated the approximate cost for the new station would be 10 million dollars so the reserve amount is being held aside until the full amount is funded. The City intends to preserve the historic building in some manner for community use.
The Commission directed Staff to add additional terms and conditions to the resolution that would restrict the use of the reserve funds to the construction of a new station that would service the residents of Southwest Santa Rosa. The Commission also directed staff to provide documentation regarding the protest hearing in both English and Spanish and to post the notices in public locations throughout the community.
Upon motion and second, approved as recommended by staff
Ayes: 7 Loveless, Gorin, Kapolchok, Stafford, Holmer, Gore and Barrett.
Noes: 0
Abstain: 0
File No. 2018-16: Amendment No. 2 to the Sphere of Influence of the Windsor Fire Protection District

The Executive Officer provided information regarding the sphere of influence of the Windsor Fire Protection District. He explained the process and displayed the map of the affected areas.
Chair Barrett asked if the new district would be called Windsor Fire Protection District.
The Executive Officer stated that at this time the name would be the Sonoma County Fire Protection District. He noted that the District board has the authority to change its name at its first or any subsequent meeting.
Commissioner Loveless asked about what happens to IRP areas.
The Executive Officer answered that the County is trying to get out of the fire business. The territory located within the various IRPs will go into neighboring agencies through the LAFCO process.
Commissioner Moore asked how Cal Fire fits into this process.
The Executive Officer answered that Cal Fire works with wildfire and that they are a supplement or compliment to the fire protective districts. They do not respond to medical calls.
The Chair opened the public hearing and seeing no one rise, closed the hearing and brought the discussion back to the Commission.
Commissioner Gore made statement regarding a board item from the Board of Supervisors meeting that occurred the previous week and the reasons why the Board of Supervisors voted as they did. He pointed out the importance of LAFCO and the Board of Supervisors working together. He stated that he wants to use LAFCO as public outreach entity and not something to fear.
Commissioner Gorin stated her appreciation to LAFCO staff and the fire agencies for their work on developing the MSR. She stated that the Board of Supervisors wants to work together with LAFCo to create a regional solution for the West County.
Commissioner Kapolchok left the dais at 2:55pm
Upon motion and second, approved as recommended by staff
Ayes: 6 Loveless, Gorin, Stafford, Holmer, Gore and Barrett.
Noes: 0
Abstain: 0
File No. 2018-16: Windsor Fire Protection District Reorganization No. 18-01 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 Three Integrated Response Plan Areas from County Service Area No. 40 (Fire Services), and Annexation of Those Territories to the Windsor Fire Protection District.

The Executive Officer provided information regarding the Windsor Fire Protection District Reorganization. He noted that this is a well thought out proposal and that the agencies involved in the reorganization have worked on common training and practices to make the new organization more cohesive. He indicated changes to the staff report regarding the staffing levels at the Rincon Valley FPD stations. Of the District’s four stations, two are staffed with three paid personnel, one (Middle Rincon Rd) is staffed by volunteers on an on call basis and the fourth (Alpine) is not staffed. It is used for storage of unused/reserved apparatus. He discussed the composition of the board.
The Chair opened the public hearing and seeing no one rise, closed the hearing and brought the discussion back to the Commission.
Commissioner Gore asked about future reviews/spheres and wanted clarification on the larger perspective regarding fiscal responsibility. He stated he wants to create sustainable plans rather than simply moving lines. He’s interested in the processes moving forward to determine if it’s better to move forward with the Board of Supervisors, or with LAFCO’s guidance.
The Executive Officer answered that the long term sustainability for reorganizations should be flexible. Property tax exchange agreements involving CSA 40 reorganizations, for example, need to go through the County first to avoid time constraints from deadlines in the LAFCO law.
Commissioner Loveless expressed his concern that the changes in property taxes would affect many people and that it is important to provide information to these people through the media and public hearing notices.
The Executive Officer answered that it is not the underlying property taxes that would change but the special parcel tax. He stated that state had removed the $120 parcel tax for fire protection previously imposed on all unincorporated parcels. He stated that staff would work with the districts to encourage outreach to the communities to further explain the entire process.
Commissioner Loveless asked for and received clarification that the timeline for the protest period would be 35-61 day. If approved, the protest hearing would be held at the April 3 meeting. Registered voters and property owners must submit a written protest form to LAFCO by the close of the protest period. The form will be provided to the property owners by mail and will be available on the Commission’s website.
Alternate Commissioner Landman requested clarification on information found in Attachment 3, pages15-16, regarding the Mountain Volunteer Fire Department.
Commissioner Kapolchok returned to the dais
The Executive Officer stated that Chief Heine would be better prepared to address the questions.
Chief Heine, Windsor/Rincon Fire, stated that the objective is for the service level not to deteriorate and in cases be enhanced through the new program. He indicated that it is critical to have staffing at the Mountain Volunteer Fire station which was available during Tubbs fire. He is looking to combine volunteers and trainees to work together and cover the area. He stated that funding would be used from funding approved by the Board of Supervisors and codified in the tax exchange agreement.
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

Request for Reduction in Fee Deposit/Waiver of Fees: Pending Application for Detachment from Palm Drive Health Care District

The Executive Officer suggested that the Commission allow for public comment although this item was not a public hearing item. He detailed information regarding the request for reduction in fee deposit/waiver of fees pending an application for detachment from Palm Drive Health Care District. He provided options regarding waiving or not waiving fees.

Counsel Ball confirmed for the record that Alternate Commissioners Herzberg and Moore would not be participating in this item but could offer their comments, if any, during the public comment period. He advised that they should leave the dais for the duration of this item.

Alternate Commissioner Herzberg stated that he would like it noted that he will comply with Counsel’s position and leave the dais but that he is requesting a legal opinion from the State as to Counsel’s position on the matter.

Commissioner Stafford asked for and received clarification from staff that that the impending sale would not have any bearing on this item as the applicants do not intend to wait on the result of the vote but will file as soon as possible.

Commissioner Gorin stated that applicants indicated that LAFCO internal staff time would be minimal and asked for clarification on costs/fees.

The Executive Officer answered that it’s not so much an issue of money but staff resources. He stated that there was not sufficient time to engage an outside consultant to perform the work but that staff may be able to move projects to an outside resource.

Commissioner Kapolchok asked for and received clarification from staff that exact size of the detachment area is not known at this time but comprises all the territory within the boundary of the Bodega Bay Fire Protection District. The applicants are using this boundary to avoid the costs of detailed mapping. Staff stated that the work itself is not different than any other reorganization and that all the steps would still need to be done regardless of size.

The Chair opened a public comment period.

Liz Martin, Applicant and Organizer for Bodega Bay Against Unfair Taxation (BBAUT), stated that they have the required signatures as well as an additional six letters of support from land owners. She noted that their group is looking at other avenues for fee waivers.

Arnold Garza Jr, Applicant and register nurse, noted that they have collected signatures from 269 register voters (26%). He stated that they had brought the request for detachment before the Palm Drive Health Care District board without no result and are now looking for LFCO’s help in detachment process.

Patty Ginechio, member of public, asked the Commission grant a fee reduction or waiver to BBAUT in that it is a much smaller community compared to the Russian River community that successfully detached in the past. Raising funds will be much more difficult.

Richard Power stated that although he is a member of the Board of Directors of the Palm Drive Health Care District, he was not appearing in that capacity. He requested that the Commission follow the final proposal on page 6 and waive all fees.

Steve Herzberg, as a member of public, stated that putting a price on a vote is unfair. He stated that the signatures to support the petition for detachment have been gathered and that while there are internal staff costs, he feels there shouldn’t be a cost for residents to get out of the District. He also stated that he wants to compare the fees to the Guerneville project.

Sukey Robb Wilder, member of public, stated she is in agreement with the other public statements requesting that LAFCO waive fees.

Susan Molten, President of Sonoma West Medical Foundation but not here in that capacity, requested that the Commission postpone its decision until after the March 6 election to allow for the dissemination of information to get to the people regarding reasons not to detach. She stated that she feels taunted and ridiculed when she has come forward to speak in defense of the District.

The Chair brought the discussion back to the Commission.

Commissioner Stafford stated that staff has spent enough time on Palm Drive and the ongoing, unresolved issues and does not support a fee waiver. She stated that there should be a cost involved for services provided.

Commissioner Gorin indicated that she feels that the same consideration should be given to the Bodega Bay residents as was given to the Russian River residents.

Commissioner Kapolchok stated she doesn’t think that the Commission should waive all fees but reduce deposit to $2,500 and capture a portion of staff time on top of those fees that they cannot waive.

Commissioner Loveless stated that because the precedent has been set at half fees and reduced deposit, he would like the internal items waived but all external costs to be paid by the applicants.

Commissioner Holmer stated that people are paying taxes for an underperforming district and that the fees are an obstacle for people to exercise their rights allowed by law. He stated that there is no justification for charging fees when it might hinder their chances to proceed. He was comfortable waiving those fees allowed by law and waiving the deposit.

Commissioner Landman stated that no one wants to be locked into a precedent. He stated this is a special case for an underperforming district. He would like to see a middle ground of a 50% deposit and waive staff time. He doesn’t feel this locks into a precedent because of these special circumstances.

Chair Barrett stated that she agrees with Commissioner Landman that there should be reduced fees and waive what can be waived under law. She stated that this is a second step in the process.

Upon motion and second, the Commission reduced the deposit from $5,000 to $2,500 and directed staff to charge only for those fees that cannot be waived by law.

Ayes: 7 Loveless, Gorin, Kapolchok, Stafford, Holmer, Gore and Barrett.
Noes: 0
Abstain: 0

6. Information/Report Items - Informational and/or Direction

Legislative Report (Verbal) -
The staff updated the Commission on current and pending legislation.
Executive Officer’s Report (Verbal)
The Executive Officer updated the Commission on the current status of the Palm Drive Health Care District including the District’s proposal for the sale of their facility to AAMG. They are seeking voter approval on March 6. The District has filed bankruptcy plan and is working with the Court and the creditors to finalize the bankruptcy. AAMG is considering opening ad urgent care facility but it will not include an emergency room.
Staff has completed 13 of the 15 agency interviews for the West County Fire Service Review. This report will provide a snapshot of challenges shared by all the agencies. A discussion of possible sphere amendments will come in second report. Staff had hoped to bring it to the commission in March but at this point is looking to April or May.
Staff responded to a Public Records Act request from the Gold Ridge Fire Protection District and met with constituents of Timber Cover Water regarding concerns over vegetation management.
Staff is expecting an application from Northern Sonoma Fire Protection District (Geyserville FPD) to annex portions of CSA 40 including the service area of the Knights Valley Volunteer Fire Company. The District is also considering requesting a sphere amendment in preparation for the future annexation of the Sotoyome Volunteer Fire Company and Cloverdale Fire Protection District.
Staff will be bringing a proposal for the reorganization of territory north of Arata Lane in Windsor to the Commission in March.
The Executive Officer introduced the new Commission Clerk, Diana Wilson.

7. General Announcements

Commissioner Gorin thanked staff for hard work and focusing on LAFCO work.

8. Confirm Meetings - Action

Commission Meeting: March 6, 2018, at 2:00 p.m.
Budget Committee Meeting: March 6, 2018, at 1:00 p.m.