Joint Special Council/BFPD
08/19/24 06:00:PM
City Manager Department
Matthew Summers
Resolution
Doc ID: 5730
FIRE AGENDA ITEM
AGENDA MATTER:
ADOPTION OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BARSTOW FIRE
PROTECTION DISTRICT REQUESTING THE SAN BERNARDINO COUNTY LOCAL AGENCY
FORMATION COMMISSION INITIATE PROCEEDINGS FOR ANNEXATION OF THE BARSTOW WASTEWATER TREATMENT PLANT, AND FINDING CEQA EXEMPTION (14 CCR 15320).
EXECUTIVE SUMMARY:
Staff recommends the Board of Directors of the Barstow Fire Protection District Adopt a Resolution of the Board of Directors of the Barstow Fire Protection District requesting the San Bernardino County Local Agency Formation Commission initiate proceedings for annexation of the Barstow Wastewater Treatment Plant, and finding CEQA exemption (14 ccr 15320).
DISCUSSION:
Background:
The City of Barstow maintains the Barstow Wastewater Treatment Plant (“Plant”) to treat domestic and industrial wastewater from the City of Barstow (“City”) and its surrounding communities. The Plant consists of 11 parcels totaling 187 acres. While the Plant is located within the legal boundaries of the City, it was mistakenly excluded from the legal boundaries of the Barstow Fire Protection District (“District”).
Even though the District services the Plant, it technically is not within the District’s jurisdiction.
The San Bernardino County Local Agency Formation Commission (“Commission”) is responsible for approving changes to government boundaries. The Commission requested that the District initiate a proceeding to annex the Plant into the District’s legal boundaries and fix the error. A map identifying the proposed annexation is attached as Exhibit A.
Resolution:
Government Code section 56654, subdivision (a), states, “An application for a change or organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an affected local agency,” Attached as Exhibit B is the required resolution of application. Attached as Exhibit C is the Commission’s Application and Preliminary Environmental Description form. Attached as Exhibit D is the Supplement Annexation, Detachment, Reorganization Proposals form. The District’s Public Safety Director is listed as the primary point of contact.
The Resolution includes the required elements pursuant to Government Code section 56654, subdivision (d), and Government Code Section 56700. Pursuant to Government Code section 56654, subdivision (d), attached as Exhibit E is the plan for services prepared for the proposed annexation. Attached as Exhibit F is the Fiscal Impact Analysis.
Notice:
Government Code section 56654, subdivision (c), states, “At least 21 days before the adoption of the resolution, the legislative body may give mailed notice of its intention to adopt a resolution of application Joint Special Council/BFPD
08/19/24 06:00:PM
City Manager Department
Matthew Summers
Resolution
Doc ID: 5730
FIRE AGENDA ITEM
to the commission and to each interested agency and each subject agency. The notice shall generally describe the application and the affected territory.” Since the provision of notice is optional and since the Commission and the City already have actual notice of the proposed annexation, the District forewent the expense of providing notice.
ENVIRONMENTAL REVIEW:
This item is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to 14 CCR section 15320 (Class 20), which states, “Class 20 consists of changes in the organization or reorganization of local governmental agencies where the changes to do not change the geographical area in which previously existing powers are exercised.” Here, the District is proposing a change of organization in the form of an annexation. The annexation does not change the geographical area in which previously existing powers, namely fire protection services, are exercised.
FISCAL IMPACT:
Expense: The application will generate $6,000 in expenses, including a $4,000 processing deposit to the Commission and a $2,000 processing fee to the Board of Equalization.
Revenue: The annexation will not generate revenue because the Plant is owned by the City and exempt from property taxation
RECOMMENDED ACTION:
It is recommended by staff that the Board of Directors approve the attached Resolution making the necessary findings.
Attachments:
1. Exhibit A: Map of Proposed Annexation
2. Exhibit B: Resolution
3. Exhibit C: Application and Preliminary Environmental Description
4. Exhibit D: Supplement Annexation, Detachment, Reorganization Proposals
5. Exhibit E: Plan for Service
6. Exhibit F: Fiscal Impact Analysis