Local Agency Formation Commission › Meetings & Agendas › 4.2 Attachment 4 Resolution February 6 2019
Meetings & Agendas

Draft 4.2 Resolution

Lafco

February 6, 2019

Resolution of the Local Agency Formation Commission of the County of Sonoma, State of California, Making Findings and Determinations, Approving A Reorganization of Territory Designated as Roseland Fire Protection District Reorganization No 18-01 (Roseland FPD) Consisting of 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 Roseland Fire Protection District Assets, Including Reserves, to the City of Santa Rosa, Finding the Action Exempt from the California Environmental Quality Act, and Ordering Protest Proceedings for the Proposal (File No. 2018-14)

RESOLVED, that the Local Agency Formation Commission of the County of Sonoma (the Commission) hereby finds and determines as follows:

  1. Proposal and Procedural History

    1. In 2017, the Commission approved a reorganization involving annexation to the City of Santa Rosa (City) of territory in five unincorporated islands in southwest Santa Rosa (the Roseland Area Annexation). A large portion of territory within the Roseland Fire Protection District (Roseland FPD or District) was included in the area annexed to the City, leaving two islands of unincorporated territory remaining in the District (Remainder Areas).

    2. The Roseland FPD has determined that it does not have the operational, financial or service capability to efficiently and effectively serve the Remainder Areas.

    3. The Roseland FPD (Roseland FPD) (Applicant) filed a resolution of application (Application) with the Executive Officer of the Commission (Executive Officer), pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code (Cortese-Knox-Hertzberg Act), proposing a reorganization consisting of dissolution of the District, annexation of the Remainder Areas to the Rincon Valley Fire Protection District (Rincon Valley FPD), and transfer of the assets of the District, including reserves, to the City (Proposal). The territory that is the subject of the Proposal is generally located in two separate areas west of the City: (1) west of U.S. Highway 101, south of Ninth Street and Highway 12, east of Llano Road, and (2) north of Ludwig and Hearn Avenues, (Affected Territory).

    4. As part of the Application, the Applicant included a plan for providing services within the Remainder Areas (Plan for Services). The Application and Plan for Services were submitted to the Executive Officer pursuant to the Cortese-Knox-Hertzberg Act. The Executive Officer accepted the Application for filing, set the Proposal for hearing by the Commission, and provided notice thereof as provided in the Cortese-Knox-Hertzberg Act.

    5. The District determined that the Proposal was exempt from the California Environmental Quality Act, (CEQA) under State CEQA Guidelines section 15320 and section 15061(b)(3).

    6. The Executive Officer reviewed the Proposal and written comments received thereon and prepared a report on the Proposal, including his recommendations thereon (Executive Officer’s Report). Upon completion, the Executive Officer furnished copies of the Executive Officer’s Report to all persons entitled to copies under the Cortese-Knox-Hertzberg Act.

    7. The Commission considered the Executive Officer’s Report, the Proposal, and the CEQA determination at a duly noticed public hearing on February 6, 2019. At the hearing, the Commission heard and received all relevant oral and written testimony and evidence presented or filed. All interested persons were given the opportunity to hear and be heard.  
    8. At the conclusion of public testimony, the Commission closed the public hearing and considered the Proposal and the environmental effects of the Proposal. At the conclusion of its deliberations, the Commission voted to approve the Proposal, as set forth herein and subject to terms and conditions.
    9. The Commission has reviewed and considered this resolution and hereby finds that it accurately sets forth the intentions of the Commission with respect to the Proposal.

  2. CEQA Compliance

    1.  The Commission concurs with the District’s and the Executive Officer’s CEQA determinations for the Proposal and finds and determines that the Proposal is exempt from CEQA under the State CEQA Guidelines sections 15061(b)(3) and 15320. The facts and circumstances supporting the Commission’s conclusion are set forth below.  
    2. Pursuant to State CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Proposal involves no changes to the environment. Instead of the Roseland FPD’s serving the Remainder Areas, the Rincon Valley FPD is designated as the service provider, as an interim step as part of a larger reorganization effort. It can be seen with certainty that this change will not have a significant effect on the environment. As a result, the Proposal is exempt pursuant to State CEQA Guidelines Section 15061(b)(3).  
    3. Further, State CEQA Guidelines 15320 exempts from CEQA changes in the organization or reorganization of local government agencies where the changes do not change the geographical area in which previously existing powers are exercised. The Roseland FPD has been responsible for serving the Remainder Areas. With the loss of much of its territory to the City in the Roseland Area Annexation in 2017, the District has determined that it does not have the operational, financial, or service capabilities to serve the Remainder Areas. In requesting dissolution and annexation of the Remainder Areas to the Rincon Valley FPD, the District supports the same level of service in the same geographic area, with a different service provider. There is no change in the geographic area to which services will be provided. As a result, the Proposal is exempt from CEQA pursuant to State CEQA Guidelines Section 15320.
    4. The Commission has considered the potential environmental effects of the
      Proposal prior to reaching its decision on the Proposal. The Commission finds that, in doing so, it has fully discharged its responsibilities under CEQA for the Proposal.

  3. Cortese-Knox-Hertzberg Act Compliance

    1. The Commission makes the following findings and determinations with respect to the Proposal:
      1. The District was formed in 1946 to provide fire protection and emergency services to properties and residents within the District. A large portion of the District was included in the Roseland Area Annexation approved by the Commission in 2017; only two unincorporated islands of territory remain in the District.  
      2. The District states that it does not have the operational, financial, or service capabilities to serve the Remainder Areas and is seeking dissolution and annexation of the Remainder Areas to the Rincon Valley FPD
      3. The Remainder Areas are within the sphere of influence of the Rincon Valley FPD and are contiguous to its boundary. The Rincon Valley FPD can serve the Remainder Areas upon dissolution of the Roseland FPD.
      4. Annexation of the Remainder Areas to the Rincon Valley FPD is considered an interim step in a larger reorganization effort to establish a single entity to provide fire and emergency services to a broad area in the central portion of Sonoma County.  
      5. Upon dissolution of the Roseland FPD, the City and Rincon Valley FPD will receive their shares of the property tax increment previously allocated to the District. Property owners in the Remainder Areas will be subject to special assessment of the Rincon Valley FPD.  
      6. There are no impacts or change to land us or development as a result of the reorganization.

    2. The Affected Territory is inhabited, in that 12 or more registered voters reside within. 
    3. Based on the foregoing findings and determinations and the record of these proceedings, the Commission finds and determines that the Proposal is consistent with the intent of the Cortese-Knox-Hertzberg Act and the purpose of the Commission, as expressed in Government Code sections 56001 and 56301. The Commission further finds, therefore, that it is appropriate to approve the Proposal.

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 Proposal is exempt from CEQA, under sections 15061(b)(3) and 15320 of the State CEQA Guidelines. The Executive Officer is directed to file a notice of exemption in accordance with CEQA and the State CEQA Guidelines.
  3. The Proposal is approved, subject to the following terms and conditions:
    1. Transfer of Assets: The Roseland FPD’s fire station at 830 Burbank Avenue, Santa Rosa, including the real property on which it sits, the structures and fixtures and any personal property at this station, shall transfer to the City of Santa Rosa on the effective date of the dissolution. All moneys or funds held by the Roseland FPD, including capital reserves, shall transfer to the City.  
    2. Transfer by Operation of Law: Except as otherwise provided herein by way of this action, the ownership, possession, and control of all books, records, papers, offices, equipment, supplies, moneys, funds, appropriations, licenses, permits, entitlements, agreements, contracts, claims, judgments, land, and other assets and property, real or personal, owned or leased by, connected with the administration of, or held for the benefit or use of, Roseland FPD shall transfer to the City of Santa Rosa. The City of Santa Rosa is the successor to the Roseland FPD and, except as otherwise provided herein, the provisions of Government Code sections 57450 et seq., applicable to successor agencies, apply to the City of Santa Rosa.  
  4. The boundaries of the Remainder Areas to be annexed to the Rincon Valley FPD shall be as shown and described in Exhibit “A” to this resolution, attached hereto and incorporated herein by this reference.
  5. 5. The effective date for the Proposal shall be the date of the filing of the certificate of completion for the Proposal.  
  6. 6.The Proposal is assigned the following short-form designation: Roseland Fire Protection District Reorganization No. 18-01 (Roseland FPD).
  7. The Commission shall initiate and conduct protest proceedings for the Proposal in compliance with this resolution and the provisions of the Cortese-Knox-Hertzberg Act.  
  8. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution in the manner provided by law.  
  9. If a certificate of completion for the Proposal has not been filed within one year after the adoption of this resolution, the Proposal shall be deemed abandoned unless, prior to the expiration of the one-year time period, the Commission authorizes an extension of time for completion of the Proposal.  
  10. The Clerk of the Commission is designated as the custodian of the documents and other materials that constitute the record of the proceedings upon which the Commission’s decision herein is based. These documents may be found at the office of the Clerk of the Commission, 111 Santa Rosa Avenue, Suite 240, Santa Rosa, CA 95404.

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:

Abstain:

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: Clerk