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Home My WebLink About09.27.21 Re_ LAFCO Questions From:Buck, Christina To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Cook, Robin;Hironimus, Patrizia; Kimmelshue, Tod;Lucero, Debra;Paulsen, Shaina;Pickett, Andy;Reaster, Kayla;Ring, Brian;Ritter, Tami; Sweeney, Kathleen;Teeter, Doug Cc:Alpert, Bruce;Lucas, Steve;Scott Browne;Hatcher, Casey Subject:Re: LAFCO Questions Date:Monday, September 27, 2021 9:02:46 PM Attachments:image001.png Dear Board Members, I am forwarding Steve Lucas’ response to questions from Supervisor Lucero. See you tomorrow. Best, Christina GetOutlook for iOS From: Lucas, Steve <SLucas@buttecounty.net> Sent: Monday, September 27, 2021 1:33 PM To: Lucero, Debra Cc: Buck, Christina; Alpert, Bruce; Lucas, Steve; Scott Browne Subject: RE: LAFCO Questions Hi Debra, Some context. The traditional/standard process for preparing a project for a public hearing includes an initial request for comments from affected local agencies. More often than not, solicited comments are provided by agency staff and not the governing body. Solicited comments from affected local agencies are generally related to practical, regulatory or technical issues and concerns the local agency feel should be considered by the lead agency before taking action. Rarely to never are project comments purposefully seeking support or opposition from an affected agency nor are they expected to result in specific public hearings by the affected agency. Once comments are received, they are addressed in the context of the staff report prepared for the lead agency by its staff for the public hearing. The reason this is important is that the lead agency staff report paints a complete picture of the project and all of the associated aspects, conditions, terms, findings, etc. By waiting for the staff report, interested parties can better understand the project, its scope and be aware of the correct use of terminology and avoid incomplete or inaccurate information being disseminated from third parties which is a disservice to the public and elected individuals alike. The responses below are provided in light of the above observations. Does LAFCO have the right to impose the requirements of the letter (from the Water Commission) that the Board is recommending? What has legal precedence? A CA Water District or LAFCO? The above questions relate to the interaction between the district Principal Act (Water Code) and LAFCO law (CKH Act). This is a very complicated dance, but essentially, procedural issues related to processing the formation to include noticing, establishing its powers, fixing its boundaries and setting the effective dates…are ruled by the CKH Act whereas structural or internal organizational functions of the proposed district such as budgets, staffing, conduct of agency staff, future elections, etc…are guided by the Water Code. LAFCo can also seek to prepare an agreement directly between LAFCo and the proponents to address conditions. Do the recommendations impede the legal abilities of a CA Water District? I am not certain what you describe as “legal abilities”. How long will these conditions apply? It depends on the conditions. Some may last forever, some may be amended at a time fixed by the Commission or some may be requested for reconsideration by the District if future conditions or the law change. Are there other examples of such conditions by LAFCO on a California Water District? If so, where and how does such a district function? Yes. Examples from 3 separate SLO LAFCo water district formations: 3. That pursuant to the applicable Water Code Sections the xx Water District is authorized to exercise all powers and authorities subject to the following restrictions: - The Water District’s powers to export, transfer, or move water underlying the Water District outside the Paso Robles Groundwater Basin shall not be active and are subject to condition number five of this approval. For purposes of this Condition and Condition number five, “groundwater” shall have the meaning set forth in Water Code Section 10721(g). 5. The xxx Water District shall be prohibited from exporting, transferring, or moving water underlying the Water District (including groundwater pumped into an above ground storage facility) to areas outside of the Paso Robles Groundwater Basin. 11. The Water District, if formed, shall provide documentation that it has been identified as a Groundwater Sustainability Agency (GSA), or a GSA partner, pursuant to the Sustainable Groundwater Management Act, Water Code section 10720 et. seq. If the District does not become a GSA, or is not part of a GSA within one year of the Certificate of Completion being filed, the District shall be dissolved. LAFCO may extend this deadline upon request by the District. 1.Does LAFCo have to prepare a Municipal Services Review (MSR) for the formation or expansion of a special district? No to formation, maybe on the expansion depending on circumstances 2.Have you prepared this for the proposed TWD? N/A 3.If so, when do we/the public get to see it? N/A 4.As you know, TWD has elicited high public engagement. In light of this, what are the legal requirements for notice to the public on LAFCO's review or a new district that affects so many other folks. 5. 6.If I am reading TWD's slide show correctly, there is 41% of the properties which are not applicants plus some roads, streams, etc. representing 2%. When are the other 5,400 people in the district (not the 1,100 who have signed the petition) notified, in writing, about the formation of this district? Before or after LAFCO has made its decision. How does this process work? 7.Will LAFCO be holding a workshop for the public to better inform them of this process? LAFCO will provide public notice a minimum of 21 days prior to the hearing date. This notice can be a newspaper notice (greater than 1,000 notices) or an individual mailed notice. The Commission will be conducting a noticed public hearing and may consider a study session with the Commission as well. The Commission is best served by hearing the public directly. Cheers, Steve Stephen Lucas | Executive Officer Butte Local Agency Formation Commission 1453 Downer Street, Suite C | Oroville, CA 95965 530.538.6819 www.buttelafco.org From: Lucero, Debra <DLucero@buttecounty.net> Sent: Monday, September 27, 2021 9:49 AM To: Lucas, Steve <SLucas@buttecounty.net> Cc: Buck, Christina <CBuck@buttecounty.net>; Alpert, Bruce <BAlpert@buttecounty.net> Subject: LAFCO Questions Good Morning, Steve: Some general questions on how LAFCO works: 1.Does LAFCo have to prepare a Municipal Services Review (MSR) for the formation or expansion of a special district? 2.Have you prepared this for the proposed TWD? 3.If so, when do we/the public get to see it? 4.As you know, TWD has elicited high public engagement. In light of this, what are the legal requirements for notice to the public on LAFCO's review or a new district that affects so many other folks. 5. 6.If I am reading TWD's slide show correctly, there is 41% of the properties which are not applicants plus some roads, streams, etc. representing 2%. When are the other 5,400 people in the district (not the 1,100 who have signed the petition) notified, in writing, about the formation of this district? Before or after LAFCO has made its decision. How does this process work? 7.Will LAFCO be holding a workshop for the public to better inform them of this process? These are some of the questions I will be asking tomorrow. Also, I sent some questions to Bruce and Christina as well. I understand Christina forwarded you these questions. If you could send me the answers ahead of time; I'd appreciate it. Does LAFCO have the right to impose the requirements of the letter (from the Water Commission) that the Board is recommending? What has legal precedence? A CA Water District or LAFCO? Do the recommendations impede the legal abilities of a CA Water District? How long will these conditions apply? Are there other examples of such conditions by LAFCO on a California Water District? If so, where and how does such a district function? Thank you! Debra Butte County Supervisor District 2 269 E. 3rd St., Ste. 100 Chico, CA 95928 Appointments: 530-891-7535