water sustainability when should a lafco say “no” and how can it condition a “yes” and make...

WATER WATER SUSTAINABILITYSUSTAINABILITY

When should a LAFCO say “No” When should a LAFCO say “No” and how can it condition a “Yes” and how can it condition a “Yes”

and make it stickand make it stick

WATER WATER SUSTAINABILITYSUSTAINABILITY

Moderated by Francesca LoftisModerated by Francesca Loftis

El Dorado County LAFCOEl Dorado County LAFCO

Public Member CommissionerPublic Member Commissioner

Panel Members:Panel Members:

Cathy Schlottmann – Santa Barbara Cathy Schlottmann – Santa Barbara County LAFCO, Alternate Special District County LAFCO, Alternate Special District Commissioner and Director of Mission Commissioner and Director of Mission Hills CSDHills CSD

Paula de Sousa – Partner- Best, Best and Paula de Sousa – Partner- Best, Best and KriegerKrieger

Robert Shibatani – HydrologistRobert Shibatani – Hydrologist Kris Berry – Executive Officer Placer Kris Berry – Executive Officer Placer

LAFCOLAFCO

SCENARIOSCENARIO

Rubble Homes wants to annex 4,000 Rubble Homes wants to annex 4,000 acres into the City of Americanaacres into the City of Americana

Presented to LAFCO a total 500 homes Presented to LAFCO a total 500 homes clustered around 10 “villages”clustered around 10 “villages”

2,500 acres remaining for open space 2,500 acres remaining for open space conservationconservation

Historical development agreement with Historical development agreement with both the county and cityboth the county and city

LAFCO weighs all of the factors under LAFCO weighs all of the factors under Government code Government code §56668 and determines §56668 and determines that, given the size of the development that, given the size of the development and known water supplies from Americana and known water supplies from Americana Water Department, the annexation is Water Department, the annexation is feasible, but water hookup will be on a feasible, but water hookup will be on a “first come first serve basis.”“first come first serve basis.”

But wait folks…there’s more…But wait folks…there’s more…

During the public hearing, the During the public hearing, the commissioner from Americana City commissioner from Americana City surprises everyone by stating that he surprises everyone by stating that he knows Rubble is working on plans to build knows Rubble is working on plans to build up to 3,000 homes on the site. This up to 3,000 homes on the site. This commissioner presses the representative commissioner presses the representative from Rubble to commit to only 500 homes, from Rubble to commit to only 500 homes, but the representative refuses to make but the representative refuses to make such commitment.such commitment.

LAFCO staff believes Americana Water LAFCO staff believes Americana Water Department can easily accommodate the 500 Department can easily accommodate the 500 proposed homes, but the current “total” water proposed homes, but the current “total” water available for the area would be inadequate for available for the area would be inadequate for 3000 homes. When the water department is 3000 homes. When the water department is questioned about the ability to serve an questioned about the ability to serve an additional 2,500 homes, their reply was they additional 2,500 homes, their reply was they were working on acquiring new water allotments were working on acquiring new water allotments and therefore it is unknown whether it has the and therefore it is unknown whether it has the capacity to serve the additional amount. The capacity to serve the additional amount. The city has indicated in the past that it has larger city has indicated in the past that it has larger water supplies than most skeptics believe is water supplies than most skeptics believe is true.true.

What is LAFCO to do?What is LAFCO to do?


1.1.Based on CKH and past and recent court Based on CKH and past and recent court decisions, can LAFCO limit the annexation decisions, can LAFCO limit the annexation to the 500 homes based on the fact that to the 500 homes based on the fact that the water department has only enough the water department has only enough water to service this number?water to service this number?


2.2.Can LAFCO condition its annexation by Can LAFCO condition its annexation by insisting that the water supply be definitive insisting that the water supply be definitive and adequate to service a development on and adequate to service a development on a “build out basis” ?a “build out basis” ?


3.3.Can LAFCO approve an annexation where Can LAFCO approve an annexation where the water availability is on a “first come the water availability is on a “first come first serve basis” ?first serve basis” ?


4.4.Can annexations be re-opened if the Can annexations be re-opened if the original terms are defaulted?original terms are defaulted?


5.Are LAFCO’s bound by Development 5.Are LAFCO’s bound by Development Agreements made between a developer Agreements made between a developer and a city/county?and a city/county?


6.6.What are the risks of interveners What are the risks of interveners challenging LAFCO determinations, if the challenging LAFCO determinations, if the information that served as the basis for the information that served as the basis for the decision was incorrect ?decision was incorrect ?


7.What solutions exist today for LAFCO’s to 7.What solutions exist today for LAFCO’s to obtain honest, adequate facts to make obtain honest, adequate facts to make informed and competetent decisions?informed and competetent decisions?


8.Does CKH need to be amended to more 8.Does CKH need to be amended to more clearly define the ability of LAFCO’s to put clearly define the ability of LAFCO’s to put conditions on annexations ?conditions on annexations ?

water sustainability when should a lafco say “no” and how can it condition a “yes” and make...

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