Skip to main content

AgendaQuick™

View Agenda Item

Public Hearings   6.
LAFCO
Meeting Date:
10/31/2024

Information

SUBJECT

Conducting Authority Protest Hearing adopting Resolution 2024-12 either ordering or terminating the PIRMI Area and Sports Park Reorganization to the City of Woodland depending on the protest results (LAFCo No. 24-01)

RECOMMENDED ACTION

  1. Request staff summarize the Commission's resolution from September 26, 2024, making determinations to approve the Reorganization subject to the protest process.
  2. Open the Public Hearing and hear any oral or written protest.
  3. Close the Public Hearing and determine the value of landowner protest received (a short recess may be needed).
  4. Adopt Resolution 2024-12 either ordering or terminating the Reorganization depending on the value of landowner protest received (drafts of both versions are attached). 

REASONS FOR RECOMMENDED ACTION

LAFCo approved this proposal on September 26, 2024, subject to a protest process and set October 31, 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 reorganization 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). Because there is only one registered voter in the subject territory, the territory is considered "uninhabited" for LAFCo purposes (defined as less than 12 registered voters), which means the protest thresholds are adjusted to remove triggering an election as a possible outcome. This hearing allows landowners 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 uninhabited territory, the commission shall take one of the following actions:
(A) Terminate proceedings if a majority protest exists (i.e. landowners who own 50% or more of the assessed value of land).
(B) Order the change of organization or reorganization if written protests have been filed and not withdrawn by owners of land who own less than 50 percent of the total assessed value of land within the affected territory.

BACKGROUND

The PIRMI Area and Sports Park territory is already within the City's Sphere of Influence and therefore, annexation has been anticipated. The reorganization proposal was initiated by the City and 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 October 9, 2024, and mailed to all landowners of record within the affected territory plus a 300-foot radius.

There are two annexation agreements staff is currently aware of between the City and landowners in the subject area (the City is researching to see if there are more as City services have been extended to many of these parcels): (1) the PIRMI property executed in 1996; and (2) the Volkl property executed in 1998 (currently owned by Denbeste CA Properties, LLC and K&L Properties, LLC/DBA Western Trencher & Equipment, Inc.). The agreements reference the City and County were unable to agree to property tax negotiations required for annexation at the time. So instead, the City agreed to extend services outside its boundary to facilitate development in exchange for both landowners agreeing to annex to the City when possible at their own expense. The agreement terms have not been triggered, but both were recorded and run with the land. The agreements do not, however, waive the landowners' rights to protest the City's annexation proposal.  

Attachments

Form Review

Inbox Reviewed By Date
Christine Crawford (Originator) Christine Crawford 10/22/2024 01:37 PM
Form Started By:
Christine Crawford
Started On:
10/08/2024 12:30 PM
Final Approval Date:
10/22/2024