BUTTE LOCAL AGENCY FORMATION COMMISSION Minutes of October 10, 2018

Similar documents
WHATCOM COUNTY COUNCIL Planning and Development Committee. February 25, 2014

Members present: Chairman McNinch, Commissioners Wallace, and Valentine. Commissioner Hubbs was present by telephone.

Elko County Planning Commission ELKO COUNTY PLANNING COMMISSION MINUTES

OFFICIAL MINUTES JOINT MEETING OF THE GREENVILLE CITY COUNCIL AND THE GREENVILLE UTILITIES COMMISSION BOARD OF COMMISSIONERS MONDAY, APRIL 24, 2017

BUTTE LOCAL AGENCY FORMATION COMMISSION Draft Minutes of August 3, 2017

CITY OF HERNANDO RECESSED MEETING SEPTEMBER 11, 2012

NORTH OGDEN PLANNING COMMISSION MEETING MINUTES. October 19, 2011

SUTTER COUNTY LOCAL AGENCY FORMATION COMMISSION MINUTES November 24, 2003 Yuba City Council Chambers 1. CALL TO ORDER

Port of Umpqua. Regular Meeting Minutes Wednesday, May 16, 2018 at 7 p.m. Port of Umpqua Annex 1841 Winchester Ave Reedsport, OR

STAFF PRESENT: EILEEN RIORDAN CITY ATTORNEY STEPHANIE SHUMSKY PLANNING DIRECTOR JENNIFER CAMPOS SECRETARY

LOCAL AGENCY FORMATION COMMISSION OF FRESNO COUNTY (LAFCO) MINUTES (DRAFT)

Monroe County Employees Retirement System Board of Trustees MINUTES

LOCAL AGENCY FORMATION COMMISSION (LAFCo) (Fresno County, California) MINUTES. REGULAR LAFCo MEETING MAY 18, 2005

Supervisor Jenkins welcomed everyone to the meeting and asked that all electronic devices be turned off or silenced.

RICHMOND COUNTY PLANNING COMMISSION MEETING MINUTES. January 6, 2014

Manager s Conference Minutes Portsmouth City Council July 14, :20 p.m.

AUDIT COMMITTEE MINUTES

MINUTES ADJOURNED PLANNING COMMISSION MEETING JANUARY 9, 2017

TOWN OF CAROLINA SHORES BOARD OF COMMISSIONERS REGULAR MEETING MINUTES July 3, :00 p.m.

PRESENT: Commissioners Michael Cryans, Martha Richards and Raymond Burton and Director Julie Clough.

Reviewed no changes, no public comment, Valentine motioned, Wallace seconded. All in favor as presented, motion approved 3-0.

Tom Hornseth, County Engineer, stated a letter was received from TxDOT advising the

To be published in the Chico Enterprise Record on Thursday, March 13, 2014 NOTICE OF PROTEST HEARING

The Limited Liability Company Guidebook

Minutes of the Regular Meeting of the Riverdale Planning Commission held Tuesday, March 22, 2005 at 6:30 p.m. at the Riverdale Community Center.

MARINA COAST WATER DISTRICT

ADMINISTRATION AND HUMAN SERVICES STANDING COMMITTEE MINUTES Tuesday, February 18, 2014

Zoning Board of Appeals Lakeville, Massachusetts Minutes of Meeting February 16, 2017

MINUTES OF REGULAR CITY COUNCIL MEETING HELD AUGUST 17, 2017

SSO Taskforce Meeting

Town of Franklin Board of Aldermen Special Called Meeting Agenda Tuesday October 20, :30 p.m. 1. Call to Order- Mayor Bob Scott

BOX ELDER COUNTY PLANNING COMMISSION MINUTES September 18, 2014

ADOPTION OF AN UPDATED CONFLICT OF INTEREST CODE

Brent Ellis, Commissioner Bart Stevens, Commissioner Steve Hilton, Commissioner. Blair Jones, Commissioner Michael Staten, Commissioner

There were approximately twenty-seven people in the audience.

THE MINUTES OF THE FIELD TRIP OF THE PLANNING COMMISSION OF GARDEN CITY, UTAH

Planning and Zoning Commission City of Derby

RSWA BOARD OF DIRECTORS Minutes of Regular Meeting May 24, 2016

PLANNING BOARD MEETING Thursday, January 22, 7:00 p.m Loop Road Baldwinsville, NY 13027

WINNETKA NEIGHBORHOOD COUNCIL PO Box 3692, Winnetka, CA (818)

SAN JOAQUIN CITY COUNCIL MEETING MINUTES APRIL 12, CALL TO ORDER Called to order by Mayor Hernandez at 6:04 P.M.

Barton Brierley, AICP, Community Development Director (Staff Contact: Tyra Hays, AICP, (707) )

City of Littleton Page 1

Selectmen s Meeting Minutes Albany, NH November 9, :00 p.m.

Jennifer Thomas Community Development Coordinator/Deputy City Recorder

LAFCo 509 W. WEBER AVENUE SUITE 420 STOCKTON, CA 95203

BINARY OPTIONS: A SMARTER WAY TO TRADE THE WORLD'S MARKETS NADEX.COM

REGULAR MEETING CITIZENS INFRASTRUCTURE OVERSIGHT COMMISSION AGENDA Wednesday, January 9, :30 P.M.

THE CHARTER TOWNSHIP OF OSHTEMO DRAFT MINUTES. South Drake Road Corridor Improvement Authority (SoDA) June 27, 2018

M E M O R A N D U M. LAFCO Budget Committee (Leverenz, Connelly, Wilkinson, Kiely)

PRESENT: Commissioners Michael Cryans, Martha Richards and Ray Burton, Executive Director Clough and Secretary Martino

CITY OF ROSLYN CITY COUNCIL MEETING MINUTES April 23, :00 P.M. Roslyn Council Chambers, 201 S. 1 st, Roslyn, Washington

CITY OF CORAL SPRINGS POLICE OFFICERS PENSION BOARD MEETING DECEMBER 3, 2018

Find Private Lenders Now CHAPTER 10. At Last! How To. 114 Copyright 2010 Find Private Lenders Now, LLC All Rights Reserved

Brian Harris, Industry Representative Linda Robles, District 3

GOVERNANCE COMMITTEE MEETING OF THE BOARD OF ADMINISTRATION RETIREMENT BOARD WATER AND POWER EMPLOYEES RETIREMENT PLAN

VALUE ADJUSTMENT BOARD MIAMI-DADE COUNTY, FLORIDA MEETING OF MAY 31, 2017

SPECIAL MEETING, WARRENSBURG TOWN BOARD, AUGUST 7, 2013

CHARTER TOWNSHIP OF CLAYTON PLANNING COMMISSION MEETING MINUTES October 16, 2018

Tamra Mabbott, Richard Jennings, Carol Johnson, Gina Miller, Connie Hendrickson

NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Board Agenda Letter

Lesson 3: Failing to Get Medical. Treatment the Right Way

COLLINSVILLE AREA RECREATION DISTRICT REGULAR MEETING MINUTES NOVEMBER15, 2011

CITY OF ISSAQUAH PLANNING POLICY COMMISSION MINUTES. August 27, Council Chambers Issaquah, WA 98027

COUNCIL AGENDA AND AMERICAN CANYON FIRE PROTECTION DISTRICT BOARD JOINT STAFF REPORT

SIMPLE SCAN FOR STOCKS: FINDING BUY AND SELL SIGNALS

Planning Commission Regular Meeting & Public Hearing Page 1

MINUTES PLANNING COMMISSION MEETING. May 1, 2017

JOHNSON VILLAGE TRUSTEE BOARD MEETING MINUTES JOHNSON MUNICIPAL BUILDING MONDAY, MARCH 5, 2018

CHANNAHON VILLAGE BOARD BOARD MEETING FEBRUARY 19, 2018

A brief guide to Trusts and our Trustbuilder tool

Mr. Riddle made a motion to suspend the reading of the previous meeting s minutes. Everyone agreed.

Rolling Hills Citizens Association. Minutes of the January 19, 2017 Association Meeting Valley Children s Hospital Room 150B

ALGOMA TOWNSHIP PLANNING COMMISSION MINUTES Tuesday, August 18, 2015

Human Services Minutes 02/20/19. Minutes. Human Services Committee. February 20, 2019, 5:15 pm, Room 331. Gerace Office Building, Mayville, NY

2010 MPO FINANCE COMMITTEE MINUTES

Harriman pursuant to Sections 10 and 20 of the Municipal Home Rule Law at Harriman Village

lvi mutes of the Finance Committee meeting held November 19, 2012 were approved without objection.

NEWBERRY COUNTY COUNCIL WORK SESSION MINUTES FEBRUARY 12, :00 P.M.

The Commissioners and public were reminded to speak clearly into their microphones to accommodate the public record tapes and the

THE CITY OF STREETSBORO, OHIO SPECIAL FINANCE COMMITTEE MINUTES. Monday, May 9, 2016

MINUTES OF THE ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS TUESDAY, MAY 6, 2014

MINUTES COLUMBIA GATEWAY URBAN RENEWAL AGENCY SPECIAL MEETING Meeting Conducted in a Room in Compliance with ADA Standards

Town Council Public Hearing & Regular Meeting Minutes Page 1

PARKMAN TOWNSHIP BOARD OF ZONING APPEALS. Regular Meeting of April 8, 2014

PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBER SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA AGENDA NO. 863 SEPTEMBER 14, :00 P.M.

TOWN OF DUCK PLANNING BOARD REGULAR MEETING May 10, 2017

Town of Olive County of Ulster State of New York Thursday, October 13, 2011

MOTIONS AND RESOLUTIONS BOARD OF TRUSTEES MEETING APRIL 24, 2008

FINAL Draft May 16, 2011 Planning Board Minutes, approved 6/20/11 pg. 1

MINUTES OF THE SPECIAL MEETING SECOND AND FINAL PUBLIC TAX HEARING BOARD OF COMMISSIONERS NORTH BROWARD HOSPITAL DISTRICT September 28, :30 p.m.

If you are over age 50, you get another $5,500 in catch-up contributions. Are you taking advantage of that additional amount?

When might be a good time to start saving? Case study one. Example one: Alicia contributes 20 every month from age 28 up to her 68th birthday

TOWN OF GROTON PLANNING BOARD. August 10, Town Hall

COUNCIL ACTION FORM Meeting Date: June 11, 2015 Staff Contact: Fred Sherman, City Clerk

A budget is a spending plan. An estimation of income and expenses over time. A budget is simply spending your money with purpose.

M E M O R A N D U M. SUBJECT: Agenda Item 3.1 Review and Consideration of Final Budget for FY 2018/19

SPECIAL COMMON COUNCIL MEETING AUGUST 12, 2013 The meeting was called to order at 5:00 p.m. by Mayor Moede with the following roll call: Members

For more information, contact Committee Staff: Kim Jolly, Management Analyst 3/Legislative Liaison, (775) ,

TOWN OF CLAVERACK. Regular Monthly Meeting. March 12, 2015

Transcription:

BUTTE LOCAL AGENCY FORMATION COMMISSION Minutes of October 10, 2018 (A complete voice recording of the Commission's meetings can be obtained from www.buttelafco.org) 1. CALL TO ORDER Chair Leverenz called the meeting to order at 2:00 p.m., October 10, 2018, in the Butte County Board of Supervisors Chambers, 25 County Center Drive, Oroville, California. 1.1 Roll Call Commissioners Present: Jack Kiely (Special District), Nathan Wilkinson (City), Carl Leverenz, Chair (Public) Alternate Commissioner Present: Al McGreehan (Special District) Commissioners Absent: Scott Lotter (City), Bill Connelly (County), & Steve Lambert (County) Alternate Commissioners Absent: Larry Wahl (County), Greg Steel (Public) & Bruce Johnson (City) Others Present: Stephen Lucas, LAFCO Executive Officer Joy Stover, LAFCO Commission Clerk P. Scott Browne, LAFCO Legal Counsel * * * * * 2. CONSENT AGENDA 2.1 Approval of the Minutes of September 6, 2018 Chair Leverenz asked if there were any changes or modifications to the minutes. None stated. Commissioner Wilkinson made a motion to approve the Consent Agenda approving the September 6, 2018 minutes. The motion was seconded by Commissioner Kiely. The motion was carried by the following vote: AYES: Commissioners Kiely, McGreehan, Wilkinson and Chair Leverenz NOES: None ABSENT: Commissioners Lotter, Connelly & Lambert Commissioner Connelly arrived at 2:02 p.m. Butte Local Agency Formation Commission Minutes of October 10, 2018 Page 1

3. NOTICED PUBLIC HEARINGS 3.1 17-04 Public Review Draft Municipal Service Review and Sphere of Influence Plan for the City of Chico (Hearing Continued from September 6, 2018) Steve Lucas stated we held a public hearing on September 6, 2018 and at that time a Motion of Intent was passed to approve the Municipal Services Review (MSR) and Sphere of Influence (SOI) Plan for the City of Chico. The public hearing was closed and Staff was directed to prepare the findings and the resolution and bring this project back. There were some clerical errors corrected and the resolution was also amended to incorporate the requested changes in language that was brought to Staff s attention. Chair Leverenz stated, for the record, everything Staff has received, including documents received today will be formally part of the record. Richard Harriman, resident of the City of Chico, stated he feels the letter he submitted to the Commission is straight forward. He doesn t feel the records submitted by the consultant were sufficient for the Commission to go forward. At this point, it is important that this [Doe Mill] area be marked as a Special Study Area. The City of Chico has a lot more work to be done before approving a development of this size. Chair Leverenz stated as a practical matter, if this area is left in the SOI but designated as an area for special study, before it could move forward and come back to LAFCo for an annexation, all the things Mr. Harriman feels needs to be done would have to be done in order to gain approval by the City of Chico. Richard Harriman stated it was stated by Supervisor Lambert at the last LAFCo meeting that Supervisor Connelly was very convinced that he did not want this area [Doe Mill] to be developed under the County s jurisdiction. Supervisor Connelly stated he will go on the record to state during the development of the general plan there was a dichotomy between the City and the County about this area. The City of Chico showed great interest in bringing this in as their growth area. He stated he has no objections as it makes more sense for an area to be developed that is going to be urban to be in the City limits than in the County. Commissioner Connelly stated he would really rather see development in that area than the green line or any of the loam area to the west. Allen Harthorn, Executive Director of Friends of Butte Creek, stated Supervisor Connelly knows him quite well from their meetings over the last 8 years in developing the Butte Creek Canyon overlay for the General Plan which protects the last best habitat for the wild spring run salmon. Butte Creek supports the last best run of the wild spring run salmon, an endangered species and an evolutionarily significant unit that is only found on Butte Creek, Deer Creek and Mill Creek and once in a while on Big Chico Creek. When urban development happens on a stream such as Butte Creek, slowly but surely you encroach on the habitat, you increase storm water runoff, pollution and other things from those urbanized areas. Slowly but surely you degrade stream quality and it degrades the habitat for the wildlife for those streams. This project, if and when it is developed, needs to be very conscience of every bit of storm water that comes from that area. Everything above the levee comes into Little Chico Creek over to Butte Creek, directly impacting the watershed of Butte Creek. Chair Leverenz stated our issue today is to approve a Municipal Service Review for the City of Chico and in addition we look at what s called the Sphere of Influence, the area where the City has grown and where it could grow in the future. This is one area Butte Local Agency Formation Commission Minutes of October 10, 2018 Page 2

where there is some differences of opinion, maybe not that it shouldn t grow there in the future, but maybe not in the near future. Brendan Ottoboni, Director of Public Works and Engineering for the City of Chico, stated it s been a lot of work between County, City and LAFCo staff over many years. Specifically on SP3 [Doe Mill area], this would allow efficient and effective development of that property. It s been identified in the City s general plan and the general plan went through a full environmental impact report. A specific development plan would then further have to come with specific impacts and we would be back before the City Council and then LAFCo looking for annexation. The City staff has been meeting with the developer regarding pre-application and looking at concerns, issues and trying to figure out the best process on how to develop that property. Chair Leverenz stated the issue really isn t the development but the mechanics of getting there. The law provides that the area has to be in the sphere of influence of the City of Chico before you can annex it and before you can annex it you have to provide a plan for both to satisfy the City and ultimately LAFCo. Whoever is going to develop the property has to come up with environmentally sound practices that have to satisfy the people from Butte Creek and others. LAFCo s decision is solely if it s going to develop, is it going to develop in the County or the City and that decision has already been made by the County and the City. Caroline Burken, resident of the City of Chico and former resident of the Butte Creek area, stated she is a little put out in how the City is trying to push development in the Special Planning Area 5 through. She would like support Mr. Harriman s suggestion of designating this as a special study area until such time as we get better information than what was come from the City Council. Elizabeth Devereau, states she agrees with what Caroline said that the process has been rushed through. She also agrees with Richard Harriman that the three other special study areas will meet the housing needs. She would prefer to see developers address influx in areas that are either blighted or underdeveloped. It needs further study before it is included in the City of Chico s sphere of influence. Bill Brouhard, a 40 year resident of the City of Chico and a developer for the Doe Mill Special Planning area. It occurs to him that everyone is doing exactly what they should be doing here today. The concerns are taken very seriously. In this case Mr. Harriman is asking LAFCo to narrow this down and put a special designation on this special planning area because it is different and unique. Bill Brouhard went over the bullet points from Mr. Harriman s letter he received today and provided his replies. Chair Leverenz stated what he is interested in is the timing of the project. Bill Brouhard stated we expect our first pre-application Public Hearing to occur within the next 4 months or shorter. All the information Mr. Harriman is looking for will be addressed during the annexation process. This won t be before LAFCo again until the City of Chico approves everything. Commissioner McGreehan asked for clarification on when the land absorption study will be formally acted upon by the City of Chico Council. Bill Brouhard stated it will be on October 16, 2018. Commissioner McGreehan asked who the author of the Study was. Butte Local Agency Formation Commission Minutes of October 10, 2018 Page 3

Bill Brouhard stated BAE, consultants out of Berkeley, CA, hired by the City of Chico. Commissioner Keily stated he doesn t see that the Commission would be throwing in an additional hurdle by designating this a special planning area. Bill Brouhard stated LAFCo has its own special overlay zone that LAFCo puts on projects where you don t have enough information to act on the project right now. Commissioner Wilkinson asked how long Mr. Brouhard publicly has been working on this project. Mr. Brouhard stated for 10 years since the County first began their General Plan and we ve had over 400 people on tours of this property, including public agencies. We need a regulatory environment that is smooth, predictable and straightforward. There is nothing other than the desire to delay this project that would justify a special designation at the LAFCo level. Chris Constantine, Assistant City Manager for the City of Chico, stated he first wants to thank the staff for the long hard work that has gone into this area. There has been a lot of planning, environmental review and calculations of impacts. The last thing the City wants to do is to press any growth west into the Green Line. This is the best direction for the City to go in terms of development. Mr. Harriman read a section of the absorption study referring to areas available for development which are already inside the city limits. Chair Leverenz closed the public portion of the hearing. Commissioner Connelly asked if LAFCo staff legally publicized the City of Chico MSR/SOI. Steve Lucas stated yes. Commissioner Connelly asked if we make this a Special Study area does that change the CEQA & NEPA oversight requirements of this process. Steve Lucas stated the short answer is no. Commissioner McGreehan wanted to confirm that the MSR/SOI that lead up to the motion of intent being adopted at the last meeting referenced the Absorption Study. Steve Lucas stated is yes it did. Commissioner McGreehan stated he was not under the understanding at that time that the Absorption Study had not been publically as an end product sanctioned by the City of Chico Council. Steve Lucas stated he had no involvement in the preparation of the Absorption Study. The cover letter provided with the Study states We are pleased to present the final land absorption study for the City of Chico. It is my understanding that the agency is simply accepting the Absorption Study, not sanctioning the Study. Staff prepared the Study, produced the Study and is now giving it as an informational item to their Council. Butte Local Agency Formation Commission Minutes of October 10, 2018 Page 4

Steve Lucas explained the City of Chico has this area identified as a Special Planning area; the County refers to this area as a Specific Plans to be Developed area. The LAFCo Special Study designation is simply a third level that is consistent to the other two. By LAFCO putting a Special Study level on this, you are simply mirroring what the other two agencies have done. Commissioner Wilkinson stated he is worried there is a motive to the why. Does it offer additional ammunition, should someone legally contest this project, that basically LAFCo added this asterisk for a reason. Scott Browne stated the Commission policies require an absorption analysis to support the designation of a sphere and you are required to follow your policies. If you put a designation of Special Study it allows you to leave that determination to when the circumstances of the actual project comes before you. You aren t making a commitment, you are saying let s get more information and then we ll make that decision at that time. If you choose to include it in the growth sphere then you are making a decision that the absorption analysis supports including this in the sphere. Commissioner McGreehan asked if you can keep it in the sphere of influence boundary and also give it the Special Study designation. Scott Browne stated that is the point. The Special Study designation is in the sphere because everybody agrees it should develop in the sphere. This gives it the signal that if it is going to develop at all, it is going to develop in the sphere. It leaves the Commission in a position where you haven t made a final determination that this needed for the City and the Commission is waiting to get more information. This is appropriate based on the ambiguous evidence before you. Commissioner McGreehan made a motion to approve the City of Chico Municipal Service Review with the suggested amendments and changes as suggested by the Staff. The motion was seconded by Commissioner Wilkinson. AYES: Commissioners Kiely, McGreehan, Wilkinson, Lambert and Chair Leverenz NOES: None Commissioner McGreehan made a motion to adopt the resolution in the form submitted by the Staff and Special Planning Area 3 will be in the Sphere but also given the designation of LAFCo Special Study Area. The motion was seconded by Commissioner Kiely. Commissioner Connelly stated he does not agree with adding a triplication of the same thing. Commissioner Wilkinson stated he agrees with Commissioner Connelly. It has been 20 years since the City of Chico asked for an increase of their sphere. The sphere they have asked for is extremely conservative in his opinion and to add that asterisk he just Butte Local Agency Formation Commission Minutes of October 10, 2018 Page 5

doesn t even know why they are doing it except for the fact the attorney is warning the Commission of not. AYES: Commissioners Kiely, McGreehan, and Chair Leverenz NOES: Commissioners Connelly and Wilkinson Scott Browne, LAFCo counsel, stated there is an affirmative vote of 3. The LAFCo Bylaws require an affirmative vote of 4. Motion fails. Scott Browne recommended a motion to continue. Commissioner McGreehan made a motion to continue this item to the November LAFCo meeting. Motion died for lack of a second. Commissioner Connelly made a motion to approve the Sphere of Influence as submitted without the Special Study designation for SPA 3. Commissioner Wilkinson seconded the motion. AYES: Commissioners Kiely, Connelly, Wilkinson, and Chair Leverenz NOES: Commissioners McGreehan 4. REGULAR AGENDA 4.1 Items Removed from the Consent Agenda None 4.2 19-02 City of Chico Extension of Services 1621 Chico River Road Commissioner Kiely made a motion to adopt Resolution No. 05 2018/19 approving the extension of sewer services. The motion was seconded by Commissioner Connelly. AYES: Commissioners Kiely, Connelly, McGreehan, Wilkinson, and Chair Leverenz NOES: None 5. Public Comment on Items not on the Agenda - None 6. Reports and Communications 6.1 Executive Officer s Report. Butte Local Agency Formation Commission Minutes of October 10, 2018 Page 6