Resolution Approving File No. 2018-09 Amendment No. 1

Resolution of the Local Agency Formation Commission, of the County of Sonoma, State of California, Making Findings and Determinations, Approving a Sphere of Influence Amendment Designated as Amendment No. 1 to the Sphere of Influence of the Rincon Valley Fire Protection District, and Finding the Action Exempt from the California Environmental Quality Act

RESOLVED, by the Local Agency Formation Commission of the County of Sonoma, State of California, that

WHEREAS, Government Code Section 56425 requires the Commission to develop and determine a sphere of influence for each city and district to carry out its purposes and responsibilities for planning and shaping the logical and orderly development and coordination of local government agencies, to provide for the present and future needs of the county and its communities; and

WHEREAS, in 2017, the Commission approved annexation to the City of Santa Rosa (City) of five islands of territory known as the Roseland Area Annexation (Roseland Area Annexation); and

WHEREAS, the Roseland Area Annexation included areas that comprised the majority of territory of the Roseland Fire Protection District (Roseland FPD), leaving two unincorporated islands outside the City (Remainder Areas); and

WHEREAS, the Roseland FPD determined that it does not have the financial or service capability to provide fire and emergency services efficiently and effectively to the Remainder Areas and subsequently requested reorganization involving its dissolution and annexation of the Remainder Areas to the Rincon Valley Fire Protection District (Rincon Valley FPD); and

WHEREAS, pursuant to state law, territory must be within the sphere of influence of a city or district to be eligible for annexation to that city or district; and

WHEREAS, the Commission has determined that the Rincon Valley FPD can efficiently and effectively serve the Remainder Areas; and

WHEREAS, the Commission wishes to amend the sphere of influence of the Rincon Valley FPD (Rincon Valley FPD Sphere of Influence); and  

WHEREAS, notice of the public hearing on the consideration of an amendment to the Rincon Valley FPD Sphere of Influence was provided, pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code, title 5, division 3, section 56000 et seq.(“the Cortese-Knox-Hertzberg Act”); and

WHEREAS, the Executive Officer prepared a written report, including recommendations (“the Executive Officer’s Report”) on amendment to the Rincon Valley FPD Sphere of Influence and, upon completion, furnished copies to all persons entitled to copies, pursuant to the Cortese-Knox-Hertzberg Act; and 

WHEREAS, the Commission conducted a duly noticed public hearing on its review and consideration of the amendment to the Rincon Valley FPD Sphere of Influence, on February 6, 2019, to hear and receive all relevant oral and written testimony and evidence presented or filed, and considered the Executive Officer’s Report and the amendment to the Rincon Valley FPD Sphere of Influence, at that time; and

WHEREAS, all interested persons were given the opportunity to hear and be heard by the Commission; and

WHEREAS, at the conclusion of public testimony, the Commission closed the public hearing, discussed the amendment to the Rincon Valley FPD Sphere of Influence, and voted to approve it as proposed and as set forth herein; and

WHEREAS, section 56425(e) of the Cortese-Knox-Hertzberg Act requires the Commission to make a written statement of determinations with regard to the sphere of influence of a local agency, the Commission makes the following determinations:

1. The present and planned land uses in the area, including agricultural and open-space lands:

   The Remainder Areas are primarily residential, with some large parcels to the west that are used for agricultural purposes. Some properties fronting Highway 12 are used for commercial purposes. No changes in land uses are planned.

2. The present and probable need for public facilities and services in the area:

   The Remainder Areas have been served for fire and emergency services by the Roseland FPD, in whose boundary the Remainder Areas have been located. Should the Roseland FPD be dissolved, as requested by its board of directors, the most logical provider of fire and emergency services would be the Rincon Valley FPD, which largely surrounds the Remainder Areas.

3. The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide:

   The Rincon Valley FPD serves the territory adjacent to the Remainder Areas and is the logical successor to provide fire and emergency services. This is an interim step in a larger reorganization process to ultimately establish a single entity providing fire and emergency services in a broader area.

4. The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency.

   No social or economic communities of interest have been identified in the Remainder Areas.

WHEREAS, the amendment to the Rincon Valley FPD Sphere of Influence is exempt from the California Environmental Quality Act (“CEQA”), pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the general rule exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and

WHEREAS, the Commission has reviewed and considered this resolution and hereby finds that it accurately sets forth the intentions of the Commission with respect to amendment to the Rincon Valley FPD Sphere of Influence.

NOW, THEREFORE, based on the foregoing findings and determinations and the record of these proceedings, the Commission hereby declares and orders as follows:

1. The foregoing findings and determinations are true and correct, are supported by substantial evidence in the record, and are adopted as hereinabove set forth.
2. The Rincon Valley Fire Protection District Sphere of Influence is amended to include the Remainder Areas of the Roseland Fire Protection District and is more specifically described by the map on file at the LAFCO office and in Exhibit A, attached herein.
3. The Executive Officer is directed to file a Notice of Exemption, in accordance with CEQA and the State CEQA Guidelines.

THE FOREGOING RESOLUTION was introduced at a regular meeting of the Commission on the 6th day of February 2019 and ordered adopted by the following vote:

Commissioners:

Ayes: 
Noes: 
Absent: 

WHEREUPON, the Chairman declared the foregoing resolution adopted, and

So ordered: by Mark Bramfitt, Executive Officer

The within instrument is a correct copy of the original  on file in this office.

Attested by: the Clerk