MINUTES OF THE MEETING OF THE LOCAL AGENCY

FORMATION COMMISSION FOR LOS ANGELES COUNTY

January 22, 2003

Present:

Henri F. Pellissier, Chairman

Yvonne Brathwaite-Burke

James DiGiuseppe

Jerry E. Gladbach

Carol Herrera

Beatrice Proo, Vice Chairman

William Wentworth

Zev Yaroslavsky

Hal Bernson, Alternate

Kenneth I. Chappell, Alternate

Richard Close, Alternate

Robert W. Goldsworthy

Donald Knabe, Alternate

Cristina Cruz-Madrid, Alternate

Larry J. Calemine, Executive Officer

John Krattli, Legal Counsel

Absent:

Cindy Miscikowski

The meeting was called to order at 9:00 a.m.

Pledge of Allegiance led by Chairman Pellissier.

Persons who made a contribution of more than $250 to any member of the Commission during the preceding 12 months were asked to come forward and state for the record the Commissioner to whom such contribution was made and the item of their involvement. (None)

The protest hearing for the Hacienda Heights Incorporation proposal was held and County Counsel, John Krattli, made the following statement regarding the protest hearing:

Cortese-Knox Hertzberg requires a summary of proceedings to date. On December 11, 2002 LAFCO adopted a resolution making determinations approving the Hacienda Heights Incorporation Proposal. The calling of an election on the question of incorporation is contingent on completion of a protest hearing. The purpose of the protest hearing is for the commission to hear and receive oral and written protests, objections or evidence regarding incorporation from the public and tabulate the number of written protests filed and not withdrawn before the close of the hearing. The commission is required to terminate the proceedings if a majority protest exists.

A majority protest exists if 50% or more of the registered voters residing within the proposed incorporation boundary file written protests. The Registrar has informed us that were 26,958 registered voters in the proposed incorporation area. The commission would need to receive 13,479 or more valid written protests for a majority protest to exist. If a majority protest does not exist the commission is required to adopt a resolution ordering the incorporation subject to confirmation of the voters. The commission will then transmit its resolution to the Board of Supervisors who will call for the election on the question of incorporation and for the election of city officers.

A draft resolution has been provided for Commission consideration. The Hertzberg Act requires that prior to consideration of protests the LAFCO Resolution Making Determinations be summarized. The resolution making determinations approving the Hacienda Heights incorporation adopted on December 11, 2002, includes the following findings:

That the new city would be fiscally viable for the first three years of incorporation.
That pursuant to CEQA the commission has adopted a negative declaration finding that there will be no significant environmental effects of the incorporation.
That the incorporation was not revenue neutral and that the negative fiscal effect of incorporation shall be mitigated through the imposition of a fiscal mitigation payment of $18,983,278 over ten years.
The commission set terms and conditions which provide for the boundaries of the new city.
An effective date of August 1, 2003.
A five member city council elected at-large, and the name of the new city shall be the City of Hacienda Heights.
The initial adoption of County of Los Angeles Ordinances.
The continuation of existing taxes, fees and assessments, and the requirement that the new city not modify existing taxes so as to impair its ability to satisfy its financial obligation to the County of Los Angeles.
A ten month transition period where the County of Los Angeles would continue to provide municipal services which the County would be reimbursed for over five years, the allocation and transfer of local parks and park assets, the requirement that the new city make all such parks transferred equally available to residents in the unincorporated areas.
The transfer of all streets and highways in the incorporation area to the new city
A provisional appropriations limit of $12,790,900.
The allocation of a portion of the property taxes to the new city.
The transfer of the Hacienda Recreation and Park District to the control of the new city council.
The detachment of the new city from the County Landscape and Lighting District No. 2.
Transfer to the new city of unencumbered funds which are required by law which are solely to be expended in the incorporation area for services that are to be provided by the new city.
The transfer of rights and obligations under development agreements.

County Counsel indicated that this was a complete summary of the proposal and that Chairman Pellissier may wish to entertain protests, comments and evidence. Chairman Pellissier inquired whether anyone wished to speak to this issue. Mr. Henry Pendergon addressed the commission. Mr. Pendergon expressed concern over the changing economic conditions at the federal, state and local level where all such agencies are forecasting deficit situations and how this will impact the proposed new city. Ms. Barbara Fish of the Hacienda Heights Cityhood Organization also addressed commission in an effort to address Mr. Pendergon’s concerns. Mr. Jim McQuiston also directed comments to the commission regarding Hacienda Heights Incorporation proposal.

The Executive Officer reported that of the 13,000 plus written protests needed that would constitute a majority protest, only one protest was received. The Executive Officer recommended that the commission close the hearing.

On motion of Commissioner Yaroslavsky, unanimously carried, the hearing was closed; and the commission took the following actions:

a. Pursuant to Government Code section 57057 made a determination that there was only one protest filed against the proceedings; and

b. Adopted the attached resolution ordering the incorporation and formation of the new City of Hacienda Heights subject to confirmation of the voters and requesting the Board of Supervisors of the County of Los Angeles call a special election on June 3, 2003, in the unincorporated area of Hacienda Heights, for that purpose.

On motion of Commissioner Gladbach, unanimously carried, the minutes of the January 8, 2002 meeting were approved.

No one came forward to address the commission during the public comment period.

The next meetings will be February 12, 2003 and February 26, 2003.

There was no new business to be placed on any future agenda. The Executive Officer indicated that Employee Identification Badges specifically for Los Angeles LAFCO were being created and if any commissioner would like such, a passport sized photograph will be needed.

On motion of Commissioner Knabe, unanimously carried, the Regular Meeting was adjourned at 9:25 a.m.

Respectfully submitted,

Larry J. Calemine

Executive Officer