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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 l 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.