Public Hearings 9.
LAFCO
- Meeting Date:
- 01/25/2024
Information
SUBJECT
Conducting Authority Protest Hearing adopting Resolution 2024-02 for the Northeast Industrial Area Reorganization to the City of Woodland (LAFCo No. 23-06)
RECOMMENDED ACTION
- Open the Public Hearing and hear any oral or written protest.
- Close the Public Hearing and determine the value of any protest received.
- Presuming less than 25% protest is received in both the landowner and registered voter categories, adopt Resolution 2024-02 ordering the Reorganization without an election.
FISCAL IMPACT
None. The applicant will reimburse LAFCo for all proposal processing costs.
REASONS FOR RECOMMENDED ACTION
LAFCo approved this proposal on December 7, 2023, initiating the protest process and set January 25, 2024, as the hearing date for Conducting Authority proceedings. Government Code §57000 et. seq. indicates a protest hearing must be conducted after the Commission approves a Change of Organization of a public agency without 100% consent from the landowners and/or registered voters. Yolo LAFCo is the Conducting Authority for the protest process as specified by Government Code Section 57050(b). This hearing allows landowners and registered voters to submit official written or oral protest to the Reorganization if they desire.
LAFCo has no discretion over the outcome of the protest proceedings. Its role is to provide a forum to receive protest, determine the results, and act accordingly.
Government Code Section 57091 states as follows: (a) For purposes of Section 57075, relating to annexations, detachments, and latent powers ... in the case of inhabited territory, the commission shall take one of the following actions:
Since no opposition has been received to date, staff presumes the proceedings will result in LAFCo, acting as the Conducting Authority, ordering the Reorganization without an election per (C) above. However, if a larger protest is received than anticipated, LAFCo will need to amend Resolution 2024-02 per (A) or (B).
LAFCo has no discretion over the outcome of the protest proceedings. Its role is to provide a forum to receive protest, determine the results, and act accordingly.
Government Code Section 57091 states as follows: (a) For purposes of Section 57075, relating to annexations, detachments, and latent powers ... in the case of inhabited territory, the commission shall take one of the following actions:
(A) Terminate proceedings if a majority protest exists in accordance with Section 57078 (i.e. 50% or more registered voter protest).
(B) Order the change of organization or reorganization subject to confirmation by the registered voters residing within the affected territory if written protests have been filed and not withdrawn by either of the following:
(B) Order the change of organization or reorganization subject to confirmation by the registered voters residing within the affected territory if written protests have been filed and not withdrawn by either of the following:
(i) At least 25 percent, but less than 50 percent, of the registered voters residing in the affected territory.
(ii) At least 25 percent of the number of owners of land who also own at least 25 percent of the assessed value of land within the affected territory.
(ii) At least 25 percent of the number of owners of land who also own at least 25 percent of the assessed value of land within the affected territory.
(C) Order the change of organization or reorganization without an election if subparagraphs (A) and (B) of this paragraph do not apply.
Since no opposition has been received to date, staff presumes the proceedings will result in LAFCo, acting as the Conducting Authority, ordering the Reorganization without an election per (C) above. However, if a larger protest is received than anticipated, LAFCo will need to amend Resolution 2024-02 per (A) or (B).
BACKGROUND
The Northeast Industrial Area is already within the City's Sphere of Influence and annexation has been anticipated for some time. The proposal application was initiated via landowner petition to expedite the process and is supported by the City. This Reorganization includes an annexation to the City of Woodland and concurrent detachment from the Springlake Fire Protection District.
This hearing for this petition has been properly mailed, posted, and published as required by the Cortese-Knox-Hertzberg Act. Notices of the Public Hearing were published in the Woodland Democrat on January 3, 2024, and mailed to all registered voters and landowners of record within the affected territory plus a 300-foot radius, and no objections have been received to date.
This hearing for this petition has been properly mailed, posted, and published as required by the Cortese-Knox-Hertzberg Act. Notices of the Public Hearing were published in the Woodland Democrat on January 3, 2024, and mailed to all registered voters and landowners of record within the affected territory plus a 300-foot radius, and no objections have been received to date.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Christine Crawford (Originator) | Christine Crawford | 01/11/2024 04:04 PM |
- Form Started By:
- Christine Crawford
- Started On:
- 01/10/2024 12:54 PM
- Final Approval Date:
- 01/11/2024