2. 9/27/2012 MINUTES JULY 26, 2012 Present: Absent: Present Staff: Stephen Tomanelli, Chair Phil Williams, Vice Chair Bob Buster Terry Henderson Eugene Montanez Nancy Wright Jeff Stone George J. Spiliotis, Executive Officer Crystal Craig, Local Government Analyst II Adriana Romo, Local Government Analyst II Elizabeth R. Valdez, LAFCO Secretary Pam Walls, Counsel 1.1 CALL TO ORDER AND SALUTE TO THE FLAG. The meeting was called to order by Chair Tomanelli at 9:36 a.m. 1.2 ROLL CALL. 2. APPROVAL OF MINUTES OF MAY 24, 2012. Moved (Williams) seconded (Montanez) to approve the Minutes of May 24, 2012 Meeting. 5/0 (Buster, Stone absent) 3. CONSENT (NON-HEARING ITEMS). There were no consent items. 4. PUBLIC HEARINGS: CONTINUED: a. LAFCO 2007-31-4-Reorganization to Include Annexation 86 to the City of Indio (Citrus Ranch) and Concurrent Detachment from the Riverside County Waste Resources Management District. (Continued from May 24, 2012). Mr. Spiliotis presented this proposal. He said that this proposal was continued due to litigation over water related issues. Mr. Spiliotis said a Water Supply Assessment was completed. He said that there is reasonable assurance of the availability of water for the annexation area. He also
Minutes of July 26, 2012 Page 2 September 27, 2012 spoke about the concern with fire protection. Mr. Spiliotis said that staff and the fire department staff feel comfortable that the fire department will be able to address fire station location and timing issues through the development process to make sure response times are adequate as mentioned in the staff report. He also spoke about sewer services and that it has been addressed in the plan of services and any of the alternatives can provide sewer to the project. Chair Tomanelli opened the public hearing. Joseph Lim, City of Indio, 100 Civic Center Mall, Indio, CA 92201. Mr. Lim thanked the Commission and staff. He said he was there to answer any questions the Commission may have. Chair Tomanelli closed the public hearing. Moved (Henderson) seconded (Williams) to approve LAFCO 2007-31-4- Reorganization to Include Annexation 86 to the City of Indio (Citrus Ranch) and Concurrent Detachment from the Riverside County Waste Resources Management District as recommended by staff. 5/0 (Buster, Stone absent) NEW: b. LAFCO 2012-02-4&5-Municipal Service Review-Banning Library District. c. LAFCO 2012-03-4&5-Sphere of Influence Review and Amendment (removal)- Banning Library District (Cabazon). d. LAFCO 2012-04-4&5-Detachment from Banning Library District (Cabazon). Commissioner Buster arrived at 9:50 a.m. Ms. Romo presented these proposals. She spoke about the services provided by the Banning Library. Ms. Romo said the Cabazon branch was closed a year ago. She said that the agency has provided comments and they were included in the staff report. Ms. Romo said that the County of Riverside currently provides library services in the Cabazon area with a bookmobile. She said the County is expected to complete the Cabazon Library later this year. Chair Tomanelli opened the public hearing. The following spoke in favor: Steven Thomas, West Desert MAC, 49610 Bonita Ave., Cabazon, CA 92230. Mr. Thomas read from a letter he wrote to the Board of Supervisors. He spoke in favor of detachment. Deborah Peterson, West Desert MAC, Box 222, Cabazon, CA, 92230. Ms. Peterson spoke in favor of detachment. Angela Ritchie, 14631 Mission St., Cabazon, CA 92230. she was in favor of detachment. Ms. Ritchie stated
Minutes of July 26, 2012 Page 3 September 27, 2012 Robert Field, County of Riverside Economic Development Agency, 3403 Tenth Street, Suite 300, Riverside, CA 92501. Mr. Field spoke about the Cabazon community. He spoke about improvements and new facilities being built in the area by the County of Riverside. He also stated that the new library will serve the community of Cabazon. He spoke about the taxes being paid by those living in the area are not receiving the library services. He also clarified for the Commission that LSSI is the contracted private sector library operator. Barbara A. Williams, Riverside County Librarian, 3499 Tenth St., Ste 500, Riverside, CA 92501. Ms. Williams said she was in support of the detachment. Sarah Mundy, 3403 Tenth St., Riverside, CA 92501. Ms. Mundy said she was in support of the detachment. Steven Hernandez, Representing Supervisor Marion Ashley, 4080 Lemon St., Riverside, CA 92507. Mr. Hernandez said that the Cabazon community needs the education and literacy programs for the residents. He also said that transportation is an issue so local amenities would benefit the residents. Louise Lopez & Maryann Hernandez, 52191 Luis Av., Cabazon, CA 92030. Ms. Hernandez spoke in favor of the detachment and asked that the library be run by the County. Ernie Saldana, P.O. Box 1037, Cabazon, CA 92230. Mr. Saldana spoke about his family and the need for his children to have access to a library. He spoke in favor of the detachment. Hunter Saldana, P.O. Box 1037, Cabazon, CA 92230. Mr. Saldana asked for a library in Cabazon and for it to be run by Riverside County. Marshall Saldana, P.O. Box 1037, Cabazon, CA 92230. Mr. Saldana spoke about the need for a well run library and need for reading materials to be available to him for his education. Garrison Saldana, P.O. Box 1037, Cabazon, CA 92230. Mr. Saldana asked for a library in Cabazon to better his education. Ernie Saldana read a letter on behalf of Carola Baer, 51847 Ida Ave, Cabazon, CA 92230. He spoke about the limited resources of the Cabazon library that is now closed. The following spoke in opposition: Barbara Hanna, City of Banning, 4678 W. Hoffer St., Banning, CA 92220. Ms. Hanna spoke about the financial aspect the detachment would have on the Banning Library District. Robert Lippman, Banning Library District, 6143 Del Ray Ct., Riverside, CA 92506. Mr. Lippman spoke against the detachment. He said that the building of the County s new Cabazon library was after negotiations between the District and the County that were in bad faith. He spoke about LSSI and the loss of local control with the County providing library services. He also spoke about taxes and financial issues.
Minutes of July 26, 2012 Page 4 September 27, 2012 Delene Gonzales, Banning Library District, 39176 Vineland, Cherry Valley, CA 92223. Ms. Gonzales said she was opposed to the detachment. Victoria T. Hatch, Trustees of the Banning Library District, 1095 Dysart Dr., Banning CA 92220. Ms. Hatch spoke in opposition of the detachment. She read a letter written by MaryAnn Handdorf in opposition of the detachment. Rebuttal: Robert Field, County of Riverside Library System, 3403 Tenth Street, Suite 300, Riverside, CA 92501. Mr. Field stated that the decision on tax sharing was already reached by the Board of Supervisors it will not be made by LAFCO. He said that the County manages the LSSI contract. He said the money from the Cabazon area was used to fund the Banning Library. Mr. Field said that the County is responsive to the community of Cabazon. Chair Tomanelli closed the public hearing. Commissioner Henderson spoke about LSSI and how it has done a spectacular job for the City of La Quinta and other cities in the County. Commissioner Williams stated that the Banning Library District did not say how it was doing anything to improve the services for the Cabazon residents with the taxes that they are paying. Commissioner Buster asked about the phasing of the tax revenues for the District. Tina Grande, County of Riverside, 4080 Lemon St., 4 th Fl., Riverside, CA 92506. Ms. Grande said that there was no phasing agreement. She said that the Banning Library District will receive 100% of the taxes last fiscal year and this fiscal year without operating a library in Cabazon. Commissioner Wright stated that you have to provide services to an area or risk the possibility of losing it to another entity that can. Commissioner Montanez said the County should be rewarded for revitalizing an area that needed and deserved it. Moved (Henderson) seconded (Wright) to receive and file LAFCO 2012-02- 4&5-Municipal Service Review-Banning Library District and adopt the associated determinations. Moved (Henderson) seconded (Wright) to approve LAFCO 2012-03-4&5- Sphere of Influence Review and Amendment (removal)-banning Library District (Cabazon) and LAFCO 2012-04-4&5-Detachment from Banning Library District (Cabazon) as recommended by staff. e. LAFCO 2012-08-2-Sphere of Influence Amendments to the City of Corona (removal) and to the City of Norco (addition) (PM 36190).
Minutes of July 26, 2012 Page 5 September 27, 2012 f. LAFCO 2012-09-2-Reorganization to Include Detachment from the City of Corona and Concurrent Annexation to the City of Norco (PM 36190). Ms. Romo presented this proposal. She said the Detachment and the Amendment are the same area. She said the City of Corona does not oppose the detachment. Chair Tomanelli opened the public hearing there being no one wishing to speak the public hearing was closed. Moved (Henderson) seconded (Montanez) to approve LAFCO 2012-08-2- Sphere of Influence Amendments to the City of Corona (removal) and to the City of Norco (addition) (PM 36190) and LAFCO 2012-09-2- Reorganization to Include Detachment from the City of Corona and Concurrent Annexation to the City of Norco (PM 36190) as recommended by staff. 5. PUBLIC COMMENTS. There were no public comments. 6. RECEIVE AND FILE: The Commission decided to take item 6.c. at this time. c. LAFCO 2012-11-5-Banning Bench Unincorporated Community Five-Year Report. Mr. Spiliotis presented this item. He said policy does require the UC to submit a status report every five years. He said they are requesting a continuation of the UC designation and there is correspondence in support from Supervisor Ashley s office and the City of Banning. Moved (Henderson) seconded (Williams) to receive and file LAFCO 2012-11-5-Banning Bench Unincorporated Community Five-Year Report. a. Information Items: Proposals Received (Government Code Section 56857, 56751): i. LAFCO 2012-12-4-Reorganization to Include Annexation (I-10- Commercial) to the City of Rancho Mirage and Detachment from the Riverside County Waste Resources Management District. ii. LAFCO 2012-13-1-City of Canyon Lake Extra-Territorial Service Request (EVMWD Property). b. LAFCO Monthly Expenditure Review. Moved (Henderson) seconded (Williams) to receive and file Items 6.a. Information Items and 6.b. LAFCO Monthly Expenditure Review.
Minutes of July 26, 2012 Page 6 September 27, 2012 7. NOMINATIONS TO CALAFCO BOARD OF DIRECTORS. Mr. Spiliotis said the CALAFCO Board has a public and a city member position open for election. He said that Chair Tomanelli and Commissioner Montanez are seeking these positions. Moved (Henderson) seconded (Williams) to nominate Chair Tomanelli for the public position and Commissioner Montanez for the city position on the CALAFCO Board of Directors. The Commission decided to take items 9. and 10. at this time. 9. MISCELLANEOUS REPORTS. Mr. Spiliotis spoke about the visit from the Shandong Province of China Commission for Public Sector Reform to our office. He also spoke about the CALAFCO University course on Disincorporation and City Consolidations and the possibility of future legislative changes as a result. Mr. Spiliotis also spoke about the Protest Hearing results for the City of San Jacinto proposal. 10. COMMISSIONER COMMENTS/FUTURE AGENDA ITEMS. Commissioner Montanez said that the new CALAFCO Executive Director, Pamela Miller was voted on and will be seated in the upcoming weeks. The Commission recessed to Executive Session at 10:56 a.m. 8. EXECUTIVE SESSION: CONFERENCE WITH LEGAL COUNSEL: With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. Subdivision (a) of Section 54956.9: a. Boe Del Heights Mutual Water Association vs. Riverside LAFCO, et al. Riverside County Superior Court Case Number: INC 1205090 The Commission reconvened at 11:24 a.m. 11. ADJOURNMENT. The meeting was adjourned to September 27, 2012 at 11:25 a.m. Respectfully submitted, George J. Spiliotis Executive Officer