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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Calaveras County Grand Jury
• 2007-2008
NEW Hogan Annexation Report 2006-2007 Responses
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 3 findings
F1
Page 37
LAFCO designated the New Hogan area to be within the FFPD sphere of influence in 2000 when the County Fire Department was divided into the existing special fire protection districts. Annexation of the New Hogan area was requested by FFPD in 2006 and a waiver of LAFCO fees for this process was requested when development of a small portion of the area began. LAFCO fees were originally waived for all of the newly formed districts at the time of formation in 2000. However, in 2006, LAFCO refused to waive the $2000 annexation fee for FFPD due to the delay in completing the process as originally planned.
F2
Page 37
The fire protection portions of county property taxes from the New Hogan area have been going to FFPD. Fire protection for New Hogan area development is being provided and not in question. Annexation of the area, however, has not been completed.
F3
Page 37
There is no financial incentive for annexation of New Hogan or other comparable areas by any special districts, until there is a buildup of a significant portion of the area. Development would then increase a special district’s portion of the assessed valuation. It is too late for needed infrastructure planning once there is a significant buildup of an area. Although annexation, then, becomes a financial reward, it does not assure that planning for critical infrastructure will occur. 34
Recommendations 6
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R1Page 38While in the process of seeking tentative map approval in 2006, the proponents for Valley Springs Estates were unfortunately misinformed by Calaveras County staff that the New Hogan Lake County Protection Area (CPA) did not have local agency fire protection and emergency rescue services. A Planning Department mapping error reinforced this perception. Research would have determined that the County had contracted for those services and that the Foothill Fire Protection District (Foothill Fire) had been the authorized fire agency to sign off on projects to be located in the New Hogan Lake area for almost seven years.
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R2Page 38In 2000, Calaveras County entered into a contract with the newly formed Foothill Fire Protection District to perform, on the County's behalf, the following "all-inclusive" services "within its current capabilities" to the New Hogan Lake Service Area, including but not limited to: (a) Structure Fire Protection; (b) Wildland Fire Protection; (c) EMS First Responder services; (d) Vehicle Fires and Accidents; (e) Haz-Mat Responses The contract further states: "Any responsibility and duty not specifically identified in this agreement as the responsibility of Calaveras County Fire but associated with provision of all-inclusive Fire and Emergency services shall be the responsibility of the Foothill Fire Protection District."
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R3Page 38Jenny Lind Fire Protection District staff raised the question about adequacy of services in the New Hogan Lake area at a Calaveras County Local 36 Agency Formation Commission (LAFCO) public meeting on May 15, 2006. JLFPD staff believed their district could better serve the proposed development. This occurred during discussion of an agendized request for waiver of fees requested by Foothill Fire. The request asked LAFCO to consider granting a waiver of fees for their previously submitted application to annex the New Hogan Lake service area. This request was based on the fact that the original application submitted by the County in 2001 had yet to be processed, and the County had previously agreed by resolution to cover the costs of the original annexation proposal. a. The subject annexation Was originally initiated by Calaveras County on April 23, 2001, by resolution of application approved by the Board of Supervisors. b. Calaveras County LAFCO successfully processed two other annexation requests contained in the same resolution of application, but for some reason LAFCO did not process the New Hogan Lake annexation to Foothill Fire at the same time, as requested by the Board of Supervisors. c. Calaveras County proposed to cover all costs of the three proposed annexations. d. Since LAFCO did not process all three actions requested by the County, costs for annexing New Hogan Lake service area into Foothill Fire have yet to be paid e. Reasons for the delay in processing are unknown, but could include changes in personnel and a reorganization of staffing that ensued during the next few years. The ball was literally dropped at this level. f.
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R4Page 39Foothill Fire Protection District (Foothill Fire) had approved and submitted a resolution of application to LAFCO requesting initiation of proceedings for annexation of the New Hogan Lake CPA on May 5,2006. This application was in the initial stages of review by LAFCO staff, and had not yet been circulated for comments by the Executive Officer. 37 a. Jenny Lind FPD's request to consider their agency's ability to provide services to the proposed development was premature. The annexation proposal had not yet been processed by the LAFCO Executive Officer, and therefore was not on the agenda, nor available for consideration or
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R5Page 40Jenny Lind FPD has not to date submitted any type of application to LAFCO requesting that Jenny Lind's Sphere of Influence be amended to 38 include the New Hogan Lake service area. Nor have they submitted a request to annex that area into their district.
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R6Page 40The proper agency for reviewing annexation requests is the Calaveras County Local Agency Formation Commission, an independent commission. It is responsible for, among other things, (a) reviewing boundary change requests, formations or dissolution of special districts, and (b) studying municipal services and future growth of existing special districts under their jurisdiction. More detail on these services may be found in the aforementioned "Fire and Emergency Response Services in the New Hogan Lake Area" study. A. Response to Finding 1: