Kern LAFCO delays Greenfield Water District annexation amid CEQA concerns, schedules closed session
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Summary
The commission voted to continue the Greenfield Water District annexation and hold a closed session after staff said the project's phased description and specific water‑use figures raised concerns about using a categorical notice‑of‑exemption under CEQA; a commissioner also disclosed a close personal relationship with the applicant’s attorney and asked for alternate counsel if the matter is continued.
Kern LAFCO on an unspecified date voted to continue consideration of the Greenfield County Water District annexation (annexation number 50) and to hold a closed session to review legal issues after staff raised questions about whether a notice of exemption under CEQA is appropriate.
Executive staff told the commission the annexation application describes multiple phases and quantifies water needs for each phase, which may indicate the boundary change is part of a larger physical project. Staff cited the appellate decision in Kern County Water Bank Authority v. Kern LAFCO and said that when an annexation is a step in a larger project with potential impacts, a blanket categorical exemption may not be lawful. “As such, the applicant looks similar to the Buena Vista Water District annexation in which LAFCO was sued by Kern Water Bank Authority,” staff said, arguing that further justification was requested from the applicant but not received.
Staff recommended continuing the item to the next month and holding a closed session to discuss the CEQA questions with legal counsel. One commissioner disclosed a personal relationship with the attorney for Greenfield and asked that alternate counsel represent the commission if the item is continued. “The attorney for Greenfield is a close friend of mine,” the commissioner said.
The commission voted to continue the matter and directed staff to schedule a closed session with alternate counsel to review CEQA exposure and next steps.
What happens next: The item will be carried to the commission’s next meeting and legal counsel will prepare an analysis of CEQA applicability and options for corrective action or revised environmental review.