HomeMy WebLinkAboutMINUTES - 06221993 - IO.4 I .O. -4
TO: BOARD OF SUPERVISORS
FROM: INTERNAL OPERATIONS COMMITTEE
DATE: June 15, 1993
SUBJECT: Draft County Responses to LAFCO on Spheres of Influence (SOI)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
.Authorize the Community Development Director to send the attached.
memorandum to LAFCO on Spheres of Influence.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On February 12, 1993, the LAFCO Executive Officer sent a memo to
the County requesting input on the 1993 (ten year) review of
spheres of influence. Her memo and the criteria for review are
gattached..
Many proposed SOI changes are currently under active review on a
project by project basis. These are being processed using the
Commission practices in place since the last comprehensive review
in 1984. That process has worked well for the County and has kept
the County in charge of environmental review for these proposals.
If the County were to request major shifts in urban service
spheres, LAFCO, not the County would be Lead Agency. Financing
might need to be generated from County revenues rather than by
developers for EIR which could be required.
The atta_c_he_d response supports the voter adopted Urban Limit Line
and the Briones Hills Agricultural Preservation agreement and
outlines the SOI amendment proposals currently under review by the
County Planning Agency.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) : SUNNE WRIGHT McPEAK .._JEFF SMITE
ACTION OF BOARD ON Jung 22, LQA'� APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Jim Cutler ATTESTED _ _3
cc: Community Development Department PHIL CHELOR, CLERK OF
CAO THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Public Works
BY , DEPUTY
Ms1/jcsoi.bo
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: May 25, 1993
TO: Annamaria Perrella
LAFCO Executive Officer
FROM: Harvey E. Bragdon
Director of Community Development
SUBJECT: 1993 Review and Update of Spheres of Influence (SOI's)
This is in response to your February 12, 1993 memo asking the County's input on SOI's for
Urban Service Agencies and for County Service Areas and Special Districts governed by the
Board of Supervisors. The Board of Supervisors has reviewed this response and directed it be
forwarded to you.
Due to the large and complex nature of governmental service within the County and to the broad
range of County services provided to our citizenry, no simple line on a map or statement can
adequately respond to your request.
This response attempts to respond philosophically to the issue. As other agencies make specific
SOI proposals, the County may further respond to those proposals. My office has been
designated as the clearinghouse for review of such proposals. The main issues we see are:
o AGRICULTURAL PRESERVATION AGREEMENTS
The Briones Hill Agricultural Preservation Agreement was originally approved in 1987,
and called for the preservation of a 68 square mile area in the Northwest portion of the
County. Because of the continual changing of staff and elected officials, the reasons for
this political compact have dimmed in people's perception. In 1991 Pinole urged a SOI
change to place EBMUD lands within the city's SOI in order to "control development."
This lead to additional discussion with the nine signature agencies and that request was
withdrawn.
This simple agreement has been exemplary in unifying jurisdictions around the need to
preserve the Briones Hills area in both public and private ownership. Unfortunately,
staff and elected officials will continue to change and not know about the purposes of this
agreement, some may request SOI changes into the area.
Perrella, Page -2-
June 14, 1993
It is our view that LAFCO should resist all efforts to expand SOI's into the Briones Hills
Agricultural Preservation Area. If other preserves are established within the County,
they too should be protected.
o URBAN LIMIT LINE (ULL)
In November, 1990 the voters of this County adopted an Urban Limit Line. On one side
of the line included lands which could be considered for development and lands which
were beyond this line would remain rural. While this ULL is technically limited to
restricting the actions of the County, it was voted on countywide and has moral weight
which should effect the entire County. The text accompanying the adoption of the ULL
"advised" LAFCO to observe the ULL.
While the Urban Limit Line describes the development potential of an area rather than
jurisdictional boundaries, it is directly relevant to section #56425 of the Government
Code, especially as it relates to "the present and planned land uses in the area, including
agricultural and open space lands."
We feel LAFCO should utilize the Urban Limit Line as an important basis for reviewing
SOI proposals submitted by agencies and cities. Since the Urban Limit Line was adopted
by a countywide vote, it should form the boundary within which urbanization is allowed
to occur throughout the County.
o TIGHT SOI BOUNDARIES
It appears to us that LAFCO has generally maintained tight SOI boundaries and has
modified them on occasion to respond to individual needs and specific requests. We feel
this is an appropriate approach. This allows LAFCO to make specific judgements to
growth issues as they occur. With growth management becoming more important in
terms of controlling quality of life, this independent review process appears more
important than having extensive SOI's within which annexations are automatic.
o PENDING APPLICATIONS WHICH AFFECT SDI's
The County has under current review a number of development application within the
adopted Urban Limit Line which would affect SOI deliberations. The approach for their
review is based upon the existing process where the County, as the land use jurisdiction,
completes an EIR on the proposal. That EIR also covers LAFCO issues, such as, SOI
and annexation impacts. Since your agency has been involved in these applications
review, I won't describe them here. Should you have questions on them please contact
Jim Cutler of my staff. They are:
Perrella, Page -3-
June 14, 1993
Wickland Oil (Crockett) - EIR underway
Albers (Discovery Bay area) - EIR Complete
Byron 78 (Discovery Bay area) - EIR Complete
Discovery Bay West (Discovery Bay area) - EIR underway
Allied Investments (Moraga area) - EIR complete
Dougherty Valley (San Ramon area) - EIR complete
Tassajara Valley (Danville area) - EIR underway
Cowell Ranch (Brentwood area) - EIR underway
Cypress Lakes (Oakley area) - EIR complete
Lesher Landing (Oakley area) - EIR underway
o FIRE DISTRICT BOUNDARIES
The existing SOI for fire districts currently provides for the merger or consolidation of
districts. The County currently is undertaking a functional consolidation of several
districts. While this type of consolidation requires no LAFCO action, SOI designations
should continue to provide for legal consolidation, should that be requested at later date.
o COUNTY SERVICE AREAS
The existing SOI approach to County service areas appears to be working well with each
project application being considered under its own merits. This approach should be
continued.
o ADDITIONAL MATERIAL
Should you wish additional material or specific guidance on any agency under the
jurisdiction of the Board, feel free to contact our Department.
BEB:JWC:aw
miscawl/jdafco.mem
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CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION
651 Pine Street,Eighth Floor • Martinez,CA 94553
(510)646-4090 • FAX(510)646-2240
La k�.fccii
MEMBERS ALTERNATE MEMBERS
-' '`MieTuet M Jett Smith Gayle Bishop
EXECUTIVE OFFICER ���� '���- Tun!H" cil County Supervisor Alternare;County Supervisor
ANNAMARIA PERRELLA DowMiLdinovich Tom Torlakson Joseph Canciamills
Public Member County Supervisor Alternate;Pittsburg City Council
Gayle B.Uilkema ___
Lafayette City Council Alternate;Public Member
DATE: February 12 , 1993
TO: Phil Batchelor, County Administrator
Harvey Bragdon, Director; Community Development
J. Michael W lford, Director Public orks Department
FROM: Annamaria Perrella, Executive Officer
SUBJECT: 1993 REVIEW AND UPDATE OF SPHERES OF INFLUENCE (SOIs)
---------------------------------------------------------------------
LAFCO has initiated its decennial review and update of SOIs for all
local agencies within the County and directed that all affected
agencies, including the County, provide pertinent information in
accordance with Government Code Section 56425, copy enclosed. Also
enclosed is a copy of the initiating letter sent to cities and
independent special districts.
Information consistent with that requested from cities and independent
special districts is required for the Commission to adopt updated SOIs
for County Service Areas and special districts governed by the Board
of Supervisors. Applicable information pertaining to the County' s
unincorporated communities and the fringe areas that interface with
cities is also necessary to determine appropriate SOIs for agencies
serving, or projected to serve, such areas.
Please submit your SOI input by the end of June 1993 . If you have any
questions, don' t hesitate to call me.
Enclosures
2 •l� • 93
cc: LAFC Commissioners
James Cutler G
CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION
651 Pine Street, Eighth Floor Martinez,CA 94553
(510)646-4090 • FAX (510)646-2240
La C
MEMBERS ALTERNATE MEMBERS
Michael Menesinl Jeff Smith Gayle Bishop
EXECUTIVE OFFICER Martine: c'ity Council County Supervisor Alternate;County Supervisor
ANNAMARIA PERRELLA Don Miladinovich Tom Torlakson Joseph Canciamilla
Public Member County Supervisor Alternate;Pittsburg City Council
Gayle B.Uilkema __ _
Lafayette City Council Alternate;Public Member
DATE: February 12 , 1993
TO: CITIES AND INDEPENDENT PECIAL ISTRICTS
FROM: Annamaria Perrella, Executive Officer
SUBJECT: 1993 REVIEW AND UPDATE OF SPHERES OF INFLUENCE (SOIS)
---------------------------------------------------------------------
LAFCO is required to periodically update all SOIs within the County,
and itis the adopted policy of this Commission to review and update
SOIs on a decennial schedule. SOI means a plan for the probable
ultimate physical boundaries and service area of a local agency, as
determined by LAFCO. The last general update was completed in 1984.
The Commission has directed its Executive Officer to solicit
SOI update proposals consistent with Government Code Section 56425,
copy enclosed. The prevention of urban sprawl, the protection of
agricultural lands and the provision of adequate urban services are
key considerations when addressing GovCode 56425. After adoption, SOIs
are used by the Commission as factors in making decisions on proposals
for changing jurisdictional boundaries.
The Executive Officer will accumulate and coordinate input from local
agencies and LAFCO' s Planning Advisor and prepare recommendations.
The extent of recommended revisions beyond the scope of existing SOIs
will determine the level of environmental review as well as the costs
required, with LAFCO acting as Lead Agency. When environmental review
is complete, The Executive Officer will then set a public hearing,
provide notice and distribute her SOI recommendations to the
Commission, affected agencies and any persons indicating interest.
The Commission will make its determinations on SOI boundaries after
reviewing the Executive Officer' s recommendations and considering the
testimony of all affected agencies and interested persons.
Your agency' s proposal for updating its SOI should include a map of
the projected service area and. should address each of the factors set
forth in Government Code Section 56425. Please submit your SOI input
by the end of June 1993. If you have any questions, don't hesitate to
call this office.
Enclosure
cc: LAFC Commissioners
James Cutler
CHAPTER 4. SPHERES OF INFLUENCE
LAFCO required to determine 56425. (a) In order to carry out its
and periodically update purposes and responsibilities for planning
spheres of influence for and shaping the logical and orderly
each local agency and development and coordination of local
make written determinations governmental agencies so as to
advantageously provide for the present and
future needs of the county and its
communities, the commission shall develop and
determine the sphere of influence of each
local governmental agency within the county.
In determining the sphere of influence of each
local agency, the commission shall consider
and prepare a written statement of its
determinations with respect to each of the
following:
(1) The present and planned land uses in the
area, including agricultural and open-space
lands.
(2) The present and probable need for public
facilities and services in the area.
(3) The present capacity of public
facilities and adequacy of public services
which the agency provides or is authorized to
provide.
(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.
(b) Upon determination of a sphere of
influence, the commission shall adopt that
sphere, and shall periodically review and
update the adopted sphere.
(c) The commission may recommend
governmental reorganizations to particular
agencies in the county, using the spheres of
influence as the basis for those
recommendations. Those recommendations shall
be made available, upon request, to other
agencies or to the public.