Translate4.3 Draft Resolution
February 6, 2019
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. 2 to the Sphere of Influence of the Windsor Fire Protection District, and Finding the Action Exempt from the California Environmental Quality Act
RESOLVED, that the Local Agency Formation Commission of the County of Sonoma (“the Commission”) that
RESOLVED, that the Local Agency Formation Commission of the County of Sonoma (“the Commission”) 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 September 2018, the Commission amended the sphere of influence of the Windsor Fire Protection District (Windsor FPD) (Windsor FPD Sphere of Influence) to include all the territory of the Bennett Valley Fire Protection District and the Rincon Valley Fire Protection District (Rincon Valley FPD) and that portion of County Service Area No. 40 (Fire Services) (CSA 40) served by the Mountain Volunteer Fire Company; and
WHEREAS, the Commission has, in a prior action, amended the sphere of influence of the Rincon Valley FPD to include two islands of territory left from the dissolution of the Roseland Fire Protection District (Remainder Areas) and approved annexation of the Remainder Areas to the Rincon Valley FPD, as an interim step in a larger reorganization effort to establish the Windsor FPD as a cohesive single entity to provide fire protection and emergency services to the central portion of Sonoma County; and
WHEREAS, the Commission has identified areas within CSA 40 that provide fire protection services through contractual arrangements with adjacent fire protection districts, generally known as Integrated Response Plan Areas (IRP or IRP Areas); and
WHEREAS, IRP 75 and IRP 31-32-75 and a portion of IRP 61 are located adjacent to the Windsor FPD Sphere of Influence, as amended by the Commission in September 2018, and can logically be included within its sphere of influence; and
WHEREAS, to be eligible for annexation to a city or district, territory must be within the sphere of influence of that city or district; and
WHEREAS, the Commission wishes to amend the Windsor FPD Sphere of Influence (Windsor FPD Sphere of Influence Amendment) to include the Remainder Areas and the three IRP Areas, as specified; and
WHEREAS, notice of the public hearing on the consideration of the Windsor FPD Sphere of Influence Amendment was provided, pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code, title 5, division 3, section 56000 et seq.(Cortese-Knox-Hertzberg Act); and
WHEREAS, the Executive Officer prepared a written report, including recommendations (the Executive Officer’s Report) on the Windsor FPD Sphere of Influence Amendment 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 Windsor FPD Sphere of Influence Amendment, 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 Windsor FPD Sphere of Influence Amendment 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 Windsor FPD Sphere of Influence Amendment, 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 prepare a written statement of determinations with regard to the sphere of influence of a local agency, the Commission makes the following determinations:
- The present and planned land uses in the area, including agricultural and open-space lands:
- The present and probable need for public facilities and services in the area:
The Remainder Areas encompass territory in the Roseland FPD left from the 2017 Roseland Area Annexation and, in a prior action of the Commission, annexed to the Rincon Valley FPD as an interim step in a larger reorganization to form a cohesive single entity to provide fire protection and emergency services in the central portion of Sonoma County. Inclusion in the Windsor FPD Sphere of Influence will enable annexation to the District ensuring a viable level of fire protection to those territories.
The three IRP Areas, as designated, are adjacent to the Windsor FPD Sphere of Influence as amended by Commission action in 2018. Their inclusion in the Windsor FPD Sphere of Influence will enable their annexation to the Windsor FPD to allow service to be provided to these areas by a single agency instead of by a variety of fire agencies, under contract. Call volumes in the three IRP areas are very low. - The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide:
The Windsor FPD has stated that it can serve both the Remainder Areas and the three IRP Areas, as designated. Should the Commission act to dissolve the Rincon Valley FPD and detach the three IRP Areas from CSA 40, as part of a subsequently-proposed reorganization, the Windsor FPD is the logical successor to provide fire and emergency services to the Remainder Areas and the three IRP Areas. - 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 either the Remainder Areas or the three IRP Areas, as designated.
The Remainder Areas are primarily residential, with some large parcels that are used for agricultural purposes and some smaller parcels designated for commercial purposes. The IRP areas are primarily rural, with very low density residential development, park use, and wildland. No changes in land uses in either areas are planned.
WHEREAS, the Windsor FPD Sphere of Influence Amendment 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 the Windsor FPD Sphere of Influence Amendment.
NOW, THEREFORE, based on the foregoing findings and determinations and the record of these proceedings, the Commission hereby declares and orders as follows:
- The foregoing findings and determinations are true and correct, are supported by substantial evidence in the record, and are adopted as hereinabove set forth.
- The Windsor Fire Protection District Sphere of Influence is amended to include the Remainder Areas of the Roseland Fire Protection District and three IRP Areas, as designated, and is more specifically described by the maps on file at the LAFCO office and in Exhibit A, attached herein.
- 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