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Public Hearings 6.
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| LAFCO |
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| Information |
| SUBJECT |
| Conducting Authority Protest Hearing for the Reorganization of the Lower Elkhorn Reclamation Districts (RDs), dissolving RD 785 and RD 827, and annexing both RDs' territories into RD 537 (LAFCo No. 928) |
| RECOMMENDED ACTION |
- Open the Public Hearing, ask staff to summarize Resolution 2019-08 and provide an opportunity for comments including oral or written protests.
- If greater than 25% landowner protest is received (i.e. 5 or more landowners), take a quick break for staff to calculate the total assessed value of land owned by those landowners who have submitted protest.
- If less than 25% landowner protest is received (i.e. 0 - 4 landowners) that combined own less than 25% of the assessed value of land within the affected territory (i.e. less than $6,014,044), adopt Resolution 2019-08 ordering the Reorganization of the Lower Elkhorn Reclamation Districts, subject to term and conditions.
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| FISCAL IMPACT |
No fiscal impact to LAFCo. The RDs as the proposal applicants are required to reimburse Yolo LAFCo for all processing costs.
Regarding fiscal impact to the RDs, the reorganization will not become effective until following the successful passage of a Proposition 218 election to establish a new assessment structure for the combined reclamation district territory. In addition, RD 537 would become the successor district receiving RD 827's current portion of the 1% property tax revenues.
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| REASONS FOR RECOMMENDED ACTION |
| LAFCo approved this proposal on May 23, 2019. Government Code §57000 et. seq. requires a protest hearing after the Commission approves agency reorganization without 100% consent from the landowners. The Yolo LAFCo is the conducting authority for the protest process as specified by Government Code Section 57050(b). This hearing allows landowners to file official protests to the reorganization if they so desire. All three RD boards (RD 537, RD 785 and RD 827) submitted the proposal for reorganization. |
| BACKGROUND |
RD 537, RD 785 and RD 827 jointly initiated an application to dissolve RD 785 and RD 827 and annex both RD territories into RD 537. LAFCo approved this proposal on May 23, 2019. This proposal effectively combines the three RDs into one to more efficiently maintain the Lower Elkhorn Basin levee system, including the proposed DWR Lower Elkhorn Basin Levee Setback project.
The hearing for this proposal has been properly noticed, posted, and published as required by the Cortese-Knox-Hertzberg Act. Notice of this protest hearing has been provided to subject and affected agencies, the 18 landowners, all registered voters within the affected territory (i.e. RD 785 and RD 827), plus a 300' radius area. After the hearing is closed, the Commission should determine the number of all valid oral and written protests received.
Because the RDs involved are "landowner-voter districts", protest is measured based on percentages of both the 18 total landowners and total assessed value of $24,056,176. If protest is filed by less than 25% of the number of landowners owning less than 25% of the assessed value of land, the Commission shall order the dissolution/annexation. If between 25% - 50% of the landowner/value file protests, the Commission shall order the dissolution/annexation subject to an election. Over 50% protest automatically terminates the proposal.
No written protests have yet been received by LAFCo as of June 18, 2019. |
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