†††† 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 CountyCounsel, John Krattli,
made the following statement regarding the protest hearing:
Hertzberg requires a summary of proceedings to date.† On December 11,
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tabulate the number of written protests filed and not withdrawn before the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.††
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.†
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
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
The detachment of the
new city from the CountyLandscape and Lighting District
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.
CountyCounsel 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. Pendergonís concerns. ††Mr. Jim McQuiston
also directed comments to the commission regarding Hacienda Heights
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.†
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;
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
††† 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