REVISED

 

Local Agency Formation Commission

Regular Meeting Agenda

 

Wednesday, July 24, 2002

9:00 a.m.

Board of Supervisors Hearing Room, Room 381B

Kenneth Hahn Hall of Administration

500 West Temple Street, Los Angeles 90012

 

 

 

1.         CALL MEETING TO ORDER

 

2.         Pledge of Allegiance will be led by Chairman Henri f. Pellissier.

 

3.         PROTEST HEARING

 

            a.         Protest hearing on Hollywood Special Reorganization.  (to be continued to July 31, 26, 2002) immediately following reconsideration of Resolution Making Determinations for Hollywood Special Reorganization.

 

            b.         Request of Mr. James McQuiston for waiver of the $4,000.00 fee payment required for consideration of his request for reconsideration of the Resolution Making Determinations for Hollywood Special Reorganization.

 

4.         PUBLIC COMMENT

 

This is the opportunity for members of the public to address the Commission on items that are not on the posted agenda, provided that the subject matter is within the jurisdiction of the Commission.  Speakers are reminded of the three-minute time limitation.

 

5.         NEW BUSINESS

 

This is the opportunity for commissioners to discuss matters not on the posted agenda (To be discussed and upon Commission approval placed on the agenda for action at a future meeting).


Agenda of July 24, 2002

Page 2

 

 

 

 

6.         FUTURE MEETINGS

           

            Friday, July 26, 2002, 9:00 a.m.:

            a.         Requests for Reconsideration of Resolution Making Determinations for Hollywood Special Reorganization.

            b.         Protest Hearing Re: Hollywood Special Reorganization.

                       

7.         ADJOURMENT MOTION

 

 


STAFF REPORT

 

 

            On July 5, 2002, Mr. James McQuiston submitted a request for reconsideration of the Resolution Making Determinations for the Hollywood Special Reorganization.  The request does not comply with the requirements of Government Code section 56895 or the Guidelines adopted by this Commission, and was not accompanied by the appropriate fee for reconsideration. 

 

Mr. McQuiston’s request for reconsideration includes a request for waiver of the $4,000 fee for reconsideration.  While the Commission has the discretion to waive a fee, in the case of requests for reconsideration that have been recently submitted for the special reorganizations, the Commission has rejected one request, in part, because the fee was not submitted.  The City of Los Angeles, the only other requesting party, has submitted the appropriate fees for both of the City’s requests.

 

The Commission has prepared Guidelines for requesting reconsideration of a LAFCO Resolution Making Determinations.  These Guidelines were intended to assist those persons seeking reconsideration to formulate their written requests in conformity with the statute, and to ensure that the Commission received sufficient information with the request to properly evaluate and consider the request. The Guidelines require that requests be in writing, accompanied by the appropriate fee ($4,000), and provide information such as: (1) the number or letter of the finding, condition or paragraph of the resolution to be reconsidered; (2) the exact language to be deleted from or inserted in the text of the resolution; (3) identification of facts upon which the modification is based, whether they are new or different facts and whether or not they had already been raised before the Commission; (4) identification of any law upon which the modification is based; and (5) any supplemental data in support of the modification.  Mr. McQuiston’s request does not comply with the Guidelines in that it does not include the fee and does not set forth specific terms or conditions to be reconsidered, the modifications proposed, or the new or different facts and law that form the basis for the request.

 

It should also be noted that the Hertzberg Act has amended the reconsideration provisions to now require the requests for reconsideration be based upon new or different facts that could not have been presented previously or applicable new law, not previously considered.  Mr. McQuiston’s requests relate to issues he has previously raised before your Commission, including not receiving documents in a timely manner, the exclusion of East Hollywood from the Special Reorganization Area, flaws in the comprehensive fiscal analysis, and the transfer of assets without compensation. These issues have been raised before and are not based upon new or different facts or new law, and therefore, are not proper subjects for reconsideration pursuant to Government Code section 56895.

 

Recommendation

 

Staff recommends that the Commission deny Mr. McQuiston’s request for a fee waiver and not consider his request for reconsideration on the grounds that it does not comply with the requirements of Government Code section 56895 or the Guidelines.