Good afternoon, Brian Schmidt from the Committee for Green Foothills. I would like to put all our cards on the table for this agenda item: we seriously considered suing LAFCO over its decision to approve the Blackrock project based on documentation that LAFCO’s own staff report said is inadequate, a problem that I pointed out to the Commission just immediately before approval was granted.
However, we’re not going to sue in this case. We ask you to reconsider your decision, not because of an implicit threat – there is none – but only because it’s the right thing to do.
Actually, there are two things to do – one is about this project, but the more important one is about
On Black Rock, you have several reasons for reversing your earlier decision, and either denying approval or requiring additional documentation. Our attorney’s letter lays out why the lack of consultation with LAFCO gives the Commission the authority to become lead agency. The
Given my three-minute time limitation, I’d be happy to answer any questions about the various assertions in the staff report and by the Blackrock attorneys, but none of them are valid reasons for standing by a wrong decision. While I understand that staff is not recommending reconsideration, I suggest that if you do think reconsideration is advisable, you ask LAFCO Counsel to advise you as to whether you have the independent authority to reconsider, a different question than whether they recommend that you reconsider.
Finally, this same problem is in process for