- Elizabeth Larson
- Posted On
Supervisors approve participating in proposed South Main Street annexation negotiation process
In a unanimous vote following a seven-minute discussion at its Tuesday meeting, the Board of Supervisors agreed to take part in the formal negotiation process proposed by the Lake Local Area Formation Commission, or LAFCo.
According to its own website, “Lake LAFCo oversees orderly development and protects natural resources and agricultural lands”
Its board includes members of the Board of Supervisors and the city councils of Clearlake and Lakeport, as well as special districts and public members.
The Lakeport City Council approved participating in the process at its Dec. 17 meeting, as Lake County News has reported.
The city’s full annexation packet is available at the Lake LAFCo website.
The city and county have clashed repeatedly over the last several years as Lakeport officials have made it clear that they planned to pursue the annexation of what is reported to be the most lucrative commercial corridor in the unincorporated county.
Since the 1980s, the 136-acre area has been in the city’s sphere of influence, defined as an area of probable future expansion outside of its legal boundaries.
In a letter dated Dec. 4, Bruno Sabatier – the District 2 representative on the Board of Supervisors and the LAFCo chair – asked both the city and county to participate in good faith negotiations regarding the city’s annexation application filed last year.
Both the city and county have provided their own financial analysis of the impacts of the annexation. Now, LAFCo is proposing to have its own financial analysis completed; the city of Lakeport has agreed to pay for that work.
“Since there is substantial disagreement about the fiscal impact of the annexation, the Commission determined that a third fiscal analysis needs to be prepared by LAFCo to provide an objective more accurate determination of the revenue and service impacts of the annexation, for both the County and the City,” the LAFCo letter explains.
Once the new financial analysis is complete, LAFCo wants both the county and city to sit down with a facilitator, which LAFCo will hire at its own expense, to consider the annexation further.
During Tuesday’s meeting, Sabatier asked if he should recuse himself since he signed the LAFCo letter.
County Counsel Anita Grant said his recusal wasn’t required, as he was wearing his LAFCo hat when he wrote the letter.
“LAFCo is quite a unique animal,” Grant explained. “As you know, you can have two board members and an alternate at one meeting, which I promise you is a ‘oner’ in Brown Act law. So at this point I think that you’re fine to take action.”
“Just wanted to check. Thank you,” said Sabatier.
“It’s a good question,” Grant replied.
Lakeport area Supervisor Tina Scott said she has gotten calls from constituents in the South Main Street area about the matter.
Scott said she wanted to make clear that if the board agreed to good faith participation – which she believes they already have been involved in – “It does not mean that we agree with the LAFCo application,” but that they will sit down and continue talks with Lakeport.
Brown asked about the facilitator and if LAFCo will bring in that person.
“The law actually makes provision for a graduated set of steps to continue these negotiations in good faith. So I’m assuming from the tenor of the letter that this is kind of jumping to the next step, which is a mediation-like discussion,” said Grant.
“I think that would be a good idea,” Brown said.
Sabatier, who said he was then wearing his county hat, noted, “This is not any statement on any of the contracts that were signed previously.”
That was an apparent reference to past preannexation agreements – from 1997, 2001 and 2002 – that the city and county have reached and which the city maintains remain valid. The 1997 agreement, in particular, provides for the city to pay the county $210,000 in tax revenue over seven years to offset the loss of the sales tax.
Sabatier said the board’s action is a statement that there will be a neutral party to review how the county would be whole and how it would balance out.
He said the county may not agree with the end results of the financial formula the city used on its LAFCo application to say the county would be whole if the annexation takes place.
“We’re not voting on things that have already been signed in the past. We’re looking at the application itself only,” Sabatier said.
“This is not a concession of any kind,” said Grant. “It’s a fulfillment of what is generally your obligation under the law, to engage in good faith discussions. And good faith means just that, that you walk in with an open mind, and present your case and listen to the other side. But that’s not a concessionary statement at all.”
“We’re tap dancing around a lot of stuff, trying to be diplomatic,” Brown said. He said he feels that the county has been involved in good faith discussions already on the matter, adding he wasn’t saying the city hasn’t been acting in good faith.
However, Brown said they all look at the annexation issue from different perspectives and from different constituent objectives.
“It’s not like all of a sudden now we’re going to be, you know, held to some other standard. It’s the same standard that we’ve held, but this makes it official,” he said.
Board Chair Moke Simon agreed with Brown, noting that it’s just the next step in the process involving the city and county.
There was no public input before Scott moved to approve the county’s good faith participation in the proposed proposed process.
Supervisor EJ Crandell seconded the motion, which the board approved 5-0.
LAFCo will meet at 9:30 a.m. Wednesday, Jan. 15, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
On the agenda is a discussion of the city of Lakeport’s proposed annexation, including a review of the responses from the city and county to the LAFCo letter; commission discussion regarding the process of completing an independent financial review and retention of an independent facilitator to resolve the disagreements; and possible direction and action regarding retention of an independent financial consultant and independent facilitator.
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